Non-resident companies sometimes face non-fulfillment by Belarusian business partners of obligations under contracts. This leads to financial losses and disagreements. When it is not possible to settle disagreements, debts from Belarusian partners can be collected forcibly.
When a non-resident company can collect a debt in Belarus
When a non-resident company enters into a contract with a Belarusian company or an individual entrepreneur, the contract usually prescribes the procedure for resolving disputes under the contract. When the contract says that the parties use Belarusian legislation to resolve disputes, it is necessary to use the pre-trial dispute resolution procedure. In addition, the place where the contract is violated, not executed, should be Belarus. By default, this is a claim procedure: a debtor who has not fulfilled his obligations needs to send a claim with a non-resident’s requirements. Only after the debtor has not responded to the claim within a month after receiving it and has not fulfilled the obligation, the non-resident can apply to the court.
As a rule, they apply to the economic court at the location of the debtor. The location can be seen in the agreement on which there were disagreements.
How a non-resident can apply to the Belarusian Economic Court
It is most convenient to organize interaction with the Belarusian court through a representative office in Belarus. The representative will need, in particular, a power of attorney from a non-resident company. The power of attorney will need to be translated and notarized.
When the resident debtor does not dispute the claim, but does not fulfill it, and the non-resident has documents that confirm his claims, you can apply to the Belarusian economic Court in the order of writ proceedings. In this case, the court considers the case within 20 days without summoning the parties and issues an enforcement document: a ruling on a court order. If the debtor sends to the court a response to the claimant’s application with disagreement with the requirements, the court will refuse to issue a ruling on the court order to the non-resident. Disputes under contracts of assignment of claims and transfer of debt are not considered in the order of writ proceedings.
When a resident debtor objects to the claims of a non-resident, you can apply to the court with a statement of claim. In this case, the court summons the parties, examines the evidence and the trial can last up to seven months or even up to one year.
How we can be useful in debt collection in favor of non-residents of the Republic of Belarus
Our lawyers are experienced specialists in the field of debt collection, judicial practice and speak English. We can:
- Advise you on debt collection from a resident of Belarus;
- Analyze your contract with a resident of Belarus and your disagreements and give recommendations on debt collection;
- Choose the optimal form of debt collection from the point of view of time and finances;
- Prepare a package of documents for debt collection and send it to the court;
- Represent your interests by a power of attorney in court proceedings.
Contact us
If you have any questions about debt collection in favor of non—residents of the Republic of Belarus – we will be happy to help you! Our long-term experience in the field of judicial practice of debt collection will help you in resolving any disputes in this area.
Phone and email communication options are available for your convenience:
- +375293664477 (WhatsApp/Telegram/Viber);
- info@ambylegal.by.
