Lawyer for enforcement proceedings in Belarus
Enforcement proceedings are the final stage of the proceedings. At this stage, the actual execution of the court decision, which has entered into legal force, occurs. However, competent organization of enforcement is no less important than the trial itself.
Obtaining a positive court decision as a result of legal proceedings, unfortunately, does not always guarantee prompt receipt of the awarded funds.
As a rule, frivolous collectors believe that it is enough for them to write an application to initiate enforcement proceedings and wait for the bailiff to transfer funds to their current account. Unfortunately, such a misconception can be very costly. Due to the large number of enforcement proceedings initiated, enforcement authorities often do not have the ability to properly ensure control over enforcement proceedings. A lawyer in enforcement proceedings helps organize the collection of information about the debtor’s property, timely apply measures to ensure the enforcement document, and comply with the necessary formalities when selling the debtor’s property at auction.
Rights of the parties in enforcement proceedings
The law determines that the claimant and the debtor in enforcement proceedings have the following rights:
- get acquainted with the materials of the enforcement proceedings, with the exception of documents containing information, the distribution and (or) provision of which is limited, make extracts from the documents contained in the materials of the enforcement proceedings, make copies of them at your own expense;
- submit additional materials, submit applications, petitions;
- participate in the performance of enforcement actions, give explanations orally and (or) in writing in the process of performing enforcement actions;
- present your arguments on all issues arising in the process of execution of the executive document, object to the petitions and arguments of other participants in the enforcement proceedings;
- challenge;
- use the services of a translator when familiarizing yourself with the materials of enforcement proceedings, participating in the commission of enforcement actions;
- before the end of the enforcement proceedings, enter into a settlement agreement approved by the court in okestablished by procedural legislation;
- appeal decisions, actions (inaction) of the bailiff.
Security measures in enforcement proceedings
A lawyer in enforcement proceedings is often forced to petition for the application of measures to ensure the execution of a writ of execution. Such measures can be taken at any stage of enforcement proceedings if their failure to take may complicate or make impossible the execution of the enforcement document.
Measures to ensure the execution of the executive document are:
- seizure of cash and (or) other property of the debtor belonging to him and held by him and (or) third parties;
- seizure of funds and (or) other property of the debtor located in his accounts, in deposits (deposits) or in storage in banks and (or) non-bank financial institutions;
- inventory and (or) seizure of the debtor’s property held by him and (or) third parties, transfer of this property for storage;
- prohibiting the debtor from performing certain actions that impede the execution of the writ of execution;
- prohibiting the debtor from using the property belonging to him or establishing limits on the use of this property;
- prohibiting other persons from performing certain actions that impede the execution of the writ of execution, transferring property to the debtor or fulfilling other obligations in relation to this debtor;
- temporary restriction of the right of a debtor - a citizen, including an individual entrepreneur, officials of a debtor - a legal entity to leave the Republic of Belarus;
- temporary restriction of the right of a debtor-citizen, including an individual entrepreneur, to drive mechanical vehicles, small motor boats whose engine power exceeds 3.7 kilowatts (5 horsepower), the right to hunt, except for cases when the use of these rights is necessary to the debtor due to disability or as the only means of obtaining income;
- temporary restriction of a debtor citizen, including an individual entrepreneur, from visiting gambling establishments
Some of these measures are taken by the bailiff, some of them are applied only based on the results of the trial.
Appeal against the actions of a bailiff
Filing a complaint against the actions of a bailiff is an effective tool for defending one’s position in enforcement proceedings. A complaint against the actions of a bailiff is filed by an interested party within ten days from the moment the party learned about the action being appealed.
A lawyer in enforcement proceedings has the right to file a complaint against the actions of the bailiff on his own behalf in the interests of the client. The complaint is sent to the head of the bailiff who committed the actions being complained of, and if the complaint is refused, to the court.
Our lawyers provide the following legal assistance in enforcement proceedings:
- obtaining a writ of execution;
- preparation of an application to initiate enforcement proceedings;
- representing the interests of the claimant and the debtor in the enforcement authorities;
- preparation of statements and petitions in enforcement proceedings;
- application of measures to ensure the execution of the executive document;
- appealing the actions of the bailiff;
- exclusion of property from seizure;
- collection of information about the availability of the debtor’s property;
- obtaining a deferment or installment plan under a writ of execution;
- replacement of the order and method of execution of the writ of execution.
Contact us for further details.