Bailiffs play a key role in justice, ensuring the execution of court decisions and upholding the rule of law. Their activities cover various tasks related to executing court orders and other executive documents. Bailiffs are the link between the court, creditors, and debtors. They ensure the execution of decisions rendered during the trial and other enforcement documents.
In this article, we will consider who bailiffs are, their functions, and their role in protecting citizens’ rights and legitimate interests.
Bailiffs – Who are They
Bailiffs are employees of the enforcement authorities who directly execute court orders and other enforcement documents.
When applying for a job, bailiffs are coordinated with the Ministry of Justice, which is subordinate to the system of enforcement agencies. A citizen of Belarus with a law degree who has passed the qualification exam for civil servants can become a bailiff.
Bailiffs are government officials and civil servants.
Bailiffs wear uniforms when performing their duties and have a badge, an official identification card, and a seal with a personal number and the name of the territorial enforcement agency.
Bailiffs’ requirements in performing their duties are mandatory for everyone: citizens, companies, and public organizations throughout Belarus.
What Do Bailiffs Do
Bailiffs in Belarus are important in ensuring the implementation of court decisions and restoring justice. They act according to the norms of law and perform their duties within the framework of enforcement proceedings. The main purpose of their work is to implement decisions of courts and other authorized bodies and to protect the rights and legitimate interests of citizens and organizations.
The Main Tasks of Bailiffs:
- Debt collection
Bailiffs are engaged in the compulsory collection of funds from debtors. The debt may be debt on loans, alimony, fines, taxes, or other obligations.
- Seizure and sale of property
If the debtor has not voluntarily fulfilled his obligations, the bailiff may seize his property. Subsequently, this property can be sold through auctions to repay the debt.
- Eviction and relocation
If the court’s decision involves eviction from residential or non-residential premises, bailiffs ensure this process is carried out. They can also assist in moving into the premises if a court decision provides for this.
- Transfer of property
If a court decision concerns transferring certain property from one person to another (for example, inheritance), bailiffs organize and control this process.
- Compulsory fulfilment of non-material obligations
In addition to material requirements, bailiffs can ensure the fulfilment of non-material obligations, such as reinstatement at work or contract terms.
- Control over voluntary execution
Bailiffs encourage debtors to voluntarily fulfil their obligations, which avoids the use of coercive measures.
Bailiffs’ work involves interaction with various government agencies, banks, tax authorities, and other institutions. They are obliged to act within the framework of the law, respecting the rights and interests of all parties to the enforcement proceedings.
What Court and Government Agency Decisions are Executed by Bailiffs
Bailiffs execute a number of documents from courts and other government agencies, notaries:
- Writs of execution and court orders.
- Court rulings and court decisions and other bodies that conduct administrative proceedings on property penalties in administrative cases.
- Bailiff’s orders that relate to enforcement documents.
- Executive documents of foreign courts when international treaties allow it.
- Executive inscriptions of notaries, diplomatic agents of the diplomatic missions of the Republic of Belarus and consular officials of the consular institutions of the Republic of Belarus on the recovery of monetary amounts (debts).
- The prosecutors’ requests for administrative eviction.
- Certificates of labour dispute commissions.
- Decisions of tax authorities on the collection of taxes, fees (duties) and other mandatory payments to the budget.
The decisions executed by bailiffs are called “enforcement documents”.
How do EnforcementDocuments Get to the Bailiff
Bailiffs execute enforcement documents in “enforcement proceedings.” This production is conducted according to strict state rules.
The parties to the enforcement proceedings are called the recoverer and the debtor. A recoverer is someone in whose favour a court order or other enforcement document has been issued. A debtor is a person who must perform the actions specified in the enforcement document, such as transferring a certain amount of money to the recoverer periodically transferring amounts of money, returning goods, or vacating the premises.
The recoverer, the court, or other body that issued the enforcement document sends it to the enforcement system. To do this, they write a statement on the initiation of enforcement proceedings, attach an enforcement document, and transfer it to the enforcement authority. Next, the document goes to the bailiff, to whom the place of execution belongs geographically. It may be the debtor’s place of residence or the place where his property is located, the location of the debtor company.
The bailiff who has received the enforcement document begins enforcement proceedings. It is often difficult for the recoverer and the debtor to understand the specifics of compulsory collection. Therefore, we recommend contacting our experienced enforcement lawyer, who will advise you on all issues of interest. A lawyer can also prepare a statement for you on initiating enforcement proceedings and send the documents to the bailiff.
When are the Enforcement Documents Transmitted to the Court
Usually, enforcement documents must be submitted for execution within three years after they have entered into force. The deadline for entry into force is prescribed in the enforcement document by those authorities and officials who issued such a document.
When it is necessary to collect periodic payments (for example, alimony) rather than a certain amount, such an enforcement document can be sent to the bailiff for the entire period for which these payments are calculated and for three years after the end of this period.
How the Bailiff Interacts with the Parties to the Enforcement Proceedings
The bailiff performs enforcement actions in the performance of his duties. Certain actions on the list are aimed at executing enforcement documents.
The bailiff informs the debtor and the recoverer about the enforcement actions and the parties’ summonses using any communication, such as an SMS in a messenger or a postal summons. The parties to the enforcement proceedings are informed of the enforcement actions’ date, place, and time.
What Enforcement Actions Can be Performed by a Bailiff
The bailiff’s list of enforcement actions is defined. He chooses which enforcement actions are needed to implement certain regulations. The recoverer has the right to know what the bailiff is doing for enforcement. We recommend that you entrust communications with the bailiff to our experienced enforcement lawyer.
Here are examples of enforcement actions:
- To summon the debtor or his representatives, as well as the owners of the property (founders, participants) of the debtor – legal entity for explanations and submission of necessary documents.
- Receive information from the debtor about his property and income.
- Receive free information on enforcement proceedings, including banking and commercial secrets.
- To declare a search for a citizen debtor, including an individual entrepreneur, through the internal affairs bodies.
- Apply to an organization for state registration of immovable property for state registration of the creation, modification, termination of the debtor’s immovable property, the emergence, transfer or termination of rights, restrictions (encumbrances) of rights to it and transactions with it, as well as for state registration in the name of the recoverer of the emergence, transfer or termination of rights, restrictions (encumbrances) rights to immovable property registered in the name of the debtor.
- Prohibit the debtor and other persons from performing certain actions concerning the debtor’s funds and (or) other property.
- To seize money and other property of the debtor, which is in his possession and the possession of other persons.
Features of the Execution of Enforcement Actions by the Bailiff
The bailiff performs enforcement actions at the debtor’s residence or location, his property, where he conducts business or the place specified in the enforcement document.
The bailiff may perform these actions only on working days from 6 a.m. to 10 p.m. Sometimes, enforcement actions can be performed at a later time, on weekends, for example, when they start before 22.00 or when these are urgent actions.
The bailiff may take measures to ensure the execution of the enforcement document. The claimant may ask the bailiff to apply certain measures, but it is better to entrust execution control to our experienced enforcement lawyer.
Conclusion
Bailiffs are irreplaceable participants in the judicial system. They practically implement the decisions of courts and other government agencies, including notaries. Their work is not limited only to debt collection; the executors protect the rights of citizens and ensure the observance of legality and justice.
We hope this article provides information about bailiffs, their duties, and what their job is.
Contact us
If you have any questions and disputes regarding the interaction with bailiffs in Belarus, we will be happy to help! Our long-term experience in the field of protecting citizens’ rights will help you resolve any disputes in this area.
- +37529142-27-19 (WhatsApp, Viber, Telegram);
- info@ambylegal.by.
