Pre-trial claim
We draft and send the mandatory pre-trial claim in Russian to the Belarusian debtor.
Debt Collection in Belarus for European Companies
Licensed lawyers at AMBY Legal advise companies from EU member states and other European countries on the options available for recovering debts from Belarusian debtors – including what is still possible under the current enforcement restrictions.
Our clients
Debt Recovery from Belarusian Companies for European Creditors – The Honest Picture
European companies pursuing debts from Belarusian counterparties face a specific legal obstacle that creditors from most other countries do not. Since April 2022, Decree No. 137 suspended compulsory enforcement of court decisions on debt collection in favour of creditors from designated unfriendly states – including all EU member states, the United Kingdom, Switzerland, Norway, Iceland, Liechtenstein, Canada, Australia, New Zealand, Albania, Montenegro and North Macedonia.
This means that compulsory enforcement through Belarusian bailiffs – attaching bank accounts and seizing assets – is currently suspended for legal entities from these countries. It does not mean there is nothing a European creditor can do. Court proceedings are still available and still have value. Voluntary payment by the debtor remains possible. Alternative routes – debt assignment, arbitration, pre-trial negotiation – remain open. And the enforcement queue position is preserved for when restrictions are eventually lifted.
We advise European companies honestly on what is and is not currently achievable – and pursue recovery through every avenue that remains open.
What the Moratorium Does and Does Not Mean
What the moratorium does: Compulsory enforcement through the Belarusian enforcement authority – attachment of bank accounts, seizure of assets – is suspended for judgments in favour of legal entities from designated unfriendly states. Enforcement proceedings can still be formally opened but payment collection through bailiffs is frozen.
What the moratorium does not mean: The Belarusian economic court will still hear a case and issue a judgment – the suspension does not bar the proceedings themselves. The Belarusian debtor can still voluntarily pay – the decree does not prohibit that. New enforcement applications can be filed but will be immediately suspended – the creditor retains their position in the enforcement queue. Private individuals – natural persons – from EU countries are not subject to the suspension.
The moratorium applies to legal entities – companies. It does not apply to private individuals from EU countries who have personal claims against Belarusian debtors.
Debt Collection in Belarus
Professional legal help in the field of debts collection in Belarus.
Country-Specific Position
EU member states – Germany, France, Poland, Lithuania, Latvia, Estonia, Netherlands, Belgium, Italy, Spain and all other EU members: All designated as unfriendly states. The moratorium applies to legal entity creditors. Documents require apostille – all EU states are Hague Convention parties.
Switzerland, Norway, Iceland, Liechtenstein: All designated as unfriendly. The moratorium applies.
Montenegro, North Macedonia, Albania: Designated as unfriendly. The moratorium applies.
Serbia, Bosnia and Herzegovina: Serbia is not currently on the unfriendly list – Serbian creditors can pursue and enforce claims without restriction. Bosnia and Herzegovina is also not on the list. We advise on the current position for each specific country.
Our services
Court proceedings
We file and manage the court claim – obtaining a judgment that documents the debt and preserves the enforcement queue position.
Debt assignment structuring
We advise on and document the assignment of the claim to a Belarusian or non-restricted creditor – enabling immediate recovery at a discount.
Arbitration
We manage arbitration proceedings where the contract contains an arbitration clause – obtaining an award preserved for future enforcement.
Enforcement monitoring
We monitor developments in the moratorium position and advise clients immediately when the enforcement landscape changes.
Private individual claims
For EU nationals with personal claims against Belarusian debtors – as opposed to company claims – we manage full enforcement proceedings which are not subject to the moratorium.
Document Requirements for European Creditors
All EU member states and the United Kingdom are parties to the Hague Convention – documents require apostille from the competent authority in the country of issue. For German documents – apostille from the relevant state court chancellery. For French documents – from the relevant court. For Polish documents – from the Ministry of Justice or regional court. For UK documents – from the Foreign Commonwealth and Development Office.
All apostilled documents must be accompanied by a notarised Russian translation for use in Belarusian proceedings. We coordinate apostille requirements and translations for all European countries.
Why Clients choose us
Honest assessment
We do not oversell what is currently possible for EU creditors. We give a clear picture of the available options and pursue every avenue that remains open.
Pre-trial expertise
Pre-trial negotiation is now the primary practical tool for EU creditors. We draft claims that produce results at this stage where possible.
Judgment preservation
We obtain court judgments now – preserving the enforcement queue position for when restrictions lift.
Debt assignment
We structure and document debt assignments to non-restricted creditors where immediate recovery is preferred.
Enforcement readiness
We monitor the moratorium position and advise clients immediately when the enforcement landscape changes.
FAQ
Can a European company still sue a Belarusian company in a Belarusian court?
Yes – the moratorium does not bar court proceedings. The Belarusian economic court will hear the case and issue a judgment. What is suspended is compulsory enforcement of that judgment through bailiffs. Obtaining a judgment still has value – it documents the debt, creates pressure for voluntary payment and preserves the enforcement queue position.
Does the moratorium apply to private individuals from EU countries?
No. The moratorium applies to legal entities – companies – from designated unfriendly states. Private individuals from EU countries with personal claims against Belarusian debtors can pursue full enforcement proceedings without restriction.
What is debt assignment and how does it work for EU creditors?
The EU company assigns – sells – its claim against the Belarusian debtor to a company from a non-restricted country such as Russia, Kazakhstan or China. The assignee pays the EU company a discounted amount and then enforces the claim in Belarus without restriction. The EU company receives immediate recovery rather than waiting for restrictions to lift. We advise on structuring these assignments.
Is voluntary payment by the Belarusian debtor possible despite the moratorium?
Yes. The decree does not prohibit Belarusian debtors from voluntarily paying EU creditors. Some debtors choose to pay voluntarily to maintain commercial relationships. A formal pre-trial claim from a Belarusian lawyer increases the likelihood of voluntary payment.
Which European countries are NOT subject to the moratorium?
Serbia, Bosnia and Herzegovina, Turkey, Georgia, Armenia and Azerbaijan are not on the unfriendly states list. Creditors from these countries can pursue and enforce claims in Belarus without restriction. We advise on the current position for each specific country.