Initial Guidance
We advise on the most effective route to submitting the enforcement document — AIS FMO, employer deduction, or bailiff proceedings — based on what is known about the debtor's assets and location.
Protection of Interests in Enforcement Proceedings
Licensed Belarusian advocates representing creditors at all stages of enforcement proceedings — from submission of the enforcement document through to full recovery.
Our clients
Enforcement Proceedings: Overview
Obtaining an enforcement document — a court judgment, court order, or notary enforcement inscription — is only the first step. To actually recover the money, the enforcement document must be submitted for execution. Creditors may act independently in some cases, but where the debtor fails to pay voluntarily, enforcement proceedings through the Belarusian bailiff service (system of compulsory enforcement authorities) are typically required.
AMBY Legal advises creditors on the most efficient route to recovery, prepares all required documents for initiating enforcement proceedings, and represents creditors’ interests throughout the enforcement process — including cooperation with bailiffs, asset tracing, and applications for protective measures.
What Are Enforcement Documents?
Enforcement documents are documents on the basis of which funds are collected from a debtor’s bank accounts or electronic wallets without a court hearing — by direct debit. The list of enforcement documents is established by Belarusian legislation. An enforcement document is typically issued to the creditor or their representative after the case is resolved by a court or other authorised state body.
Where to Submit an Enforcement Document
The creditor is not obliged to submit the enforcement document to the enforcement agencies independently. Depending on the circumstances, the creditor may:
Submit the document directly to the bailiff service at the debtor’s location, place of property, or place of business. Submit a payment demand directly to the debtor’s bank — the bank transmits it electronically to the AIS FMO automated system, which processes direct debit from the debtor’s accounts. For debtors who are individuals with a known employer, submit the document to the debtor’s accounting department for wage deductions.
Belarus does not provide for automatic initiation of enforcement proceedings — the creditor must actively submit documents to initiate recovery.
Enforcement Against an Individual Debtor
Where the debtor is a private individual and their place of employment is known to the creditor, the enforcement document may be submitted directly to the accounting department at the debtor’s employer. Deductions are made from the debtor’s wages up to the permitted percentage until the debt is fully recovered.
Enforcement Against a Company Debtor
Where both the creditor and debtor are companies, the creditor may submit the enforcement document together with a payment demand directly to its own bank. The bank transmits these documents electronically to the AIS FMO — the automated system for the fulfilment of monetary obligations — which processes the collection from the debtor’s bank accounts.
The payment demand remains in AIS FMO until the full debt is recovered or the creditor withdraws it — for a maximum of five years. The creditor may withdraw the payment demand from AIS FMO at any time and instead submit the enforcement document to the bailiff service to initiate formal enforcement proceedings.
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Important: Suspension of Enforcement Against Residents of Certain States
Since 10 April 2022, enforcement of documents in favour of residents of states designated as “unfriendly” has been suspended in Belarus. This includes EU member states, the United States, Switzerland, Albania, Montenegro, and certain other states. Creditors from these jurisdictions should seek specific advice on their options before initiating enforcement proceedings in Belarus.
Time Limit for Submitting an Enforcement Document
An enforcement document must be submitted to the enforcement authorities within three years. For example, a notary enforcement inscription must be submitted within three years from the date it was issued. Missing this deadline means the enforcement document can no longer be submitted — unless the deadline is restored by the court.
Restoring a Missed Submission Deadline
Where the three-year submission period has been missed, the creditor may apply to the court for restoration of the deadline, providing a valid reason for the delay. The court assesses the reason and either restores the deadline or refuses to do so. If the deadline is restored, the creditor has six months from the date of the court decision to submit the enforcement document. AMBY Legal prepares applications for deadline restoration and represents creditors in these proceedings.
Interruption of the Submission Deadline
The three-year submission deadline is reset to zero — i.e., starts running again from scratch — in the following cases: the enforcement document is returned to the creditor after partial execution; or the bank returns the document without execution. In these situations, the three-year period begins running from the date of return.
Initiating Enforcement Proceedings
To initiate enforcement proceedings, the creditor must submit to the bailiff service: the application for initiation of proceedings; and the original enforcement document. Where the creditor previously submitted a payment demand to the bank or sent the document to the debtor’s employer, copies of those documents should be attached to the application. Documents may be submitted in person or by post.
Documents Required for Personal Submission
Where documents are submitted in person: an individual creditor must bring their passport or residence permit. The director of a creditor organisation must bring their passport and a document confirming their status as head of the organisation — such as an appointment order, employment contract, or extract from the appointment decision. A representative acting under a power of attorney must bring their passport and the power of attorney.
Bailiff’s Decision on Initiating Proceedings
The bailiff issues a decision on initiating enforcement proceedings within three days of receiving the application and enforcement document. The creditor may collect the decision in person from the bailiff service, or it will be sent by post.
Applying for Protective Interim Measures
The creditor has the right to apply to the bailiff for interim measures — measures taken to secure the future execution of the enforcement document. The bailiff may also apply interim measures on their own initiative.
A petition for interim measures must set out the justification — explaining why the specific measure is requested and how it will assist enforcement.
Some interim measures may only be applied by a court rather than the bailiff: in particular, a restriction on the debtor’s right to leave Belarus, and a restriction on the debtor — whether an individual or a company official — from visiting gambling establishments.
Settlement During Enforcement Proceedings
Even at the enforcement stage, the creditor and debtor may reach a settlement or mediation agreement — for example, agreeing an instalment repayment schedule. Where a settlement or mediation agreement is concluded, enforcement proceedings are terminated. A benefit for the debtor in this case is that the compulsory enforcement fee is collected at half the standard rate, rather than in full. AMBY Legal represents creditors in negotiations with debtors at the enforcement stage where required.
Debt Settlement by Set-Off or Property Transfer
Alternative settlement options may also be discussed with the debtor — including the transfer of the debtor’s property in satisfaction of the debt under the enforcement document. Where the debtor is a manufacturing company, the parties may agree to accept the debtor’s manufactured goods in partial or full satisfaction of the debt.
How the Bailiff Conducts Enforcement
Once enforcement proceedings are initiated, the bailiff notifies the debtor and grants seven days for voluntary payment. If the debtor does not begin paying within this period, the bailiff proceeds to forced collection — first from the debtor’s bank accounts and cash, and then from other property.
Bank accounts and cash: The bailiff sends the enforcement document to the debtor’s banks for direct debit from accounts and deposits. Recovered funds are credited to the enforcement agency’s account. Belarusian rubles are collected first; if insufficient, foreign currency funds are collected. Cash found with the debtor is seized and deposited.
Other property: Where the debtor’s funds are insufficient, the bailiff proceeds to enforce against the debtor’s other property — movable and immovable assets, shares in companies, pledged property, and property held by third parties.
Costs of Enforcement Proceedings for the Debtor
Enforcement through the bailiff service is more expensive for the debtor than voluntary payment. In addition to the principal debt, the bailiff collects: the costs of enforcement actions; and a compulsory enforcement fee of 10% of the recovered amount — not less than 0.5 of the base unit. This incentivises debtors to pay voluntarily once proceedings are initiated.
Recovery of Debt at the Expense of Other Debtor’s Property
The bailiff collects the debt at the expense of other debtor’s property when the debtor does not have enough money to pay the amount under the enforcement document. According to Belarusian legislation, money is a type of property.
The Statement on the Foreclosure of the Debtor’s Property
When the recoverer realizes that the debtor does not have money to pay the debt, and the bailiff has not yet foreclosed on the property, the recoverer may submit an application to the bailiff for foreclosure on other property of the debtor. The bailiff considers such an application within 10 days.
Property Exempt from Enforcement
Debt cannot be collected against property that is exempt from enforcement under Belarusian law. Exempt property includes, in particular: the debtor’s sole apartment in which they permanently reside — except where the debt arose from a loan secured by that apartment; household items and other personal property essential for the debtor and their family members.
Property Available for Enforcement
Enforcement may be levied against the debtor’s individually owned property, as well as against property held in joint ownership with other persons.
Enforcement Against Jointly Owned Property
Where the debtor’s share in jointly owned property has not been separately allocated, the creditor must file a claim with the court for the allocation of the debtor’s share before enforcement against that property is possible. The claim must be filed within one month of receiving the relevant notification from the bailiff — failing which the bailiff will return the enforcement document to the creditor.
Recovery at the Expense of Pledged Property
When the debtor has pledged the property to the recoverer, the bailiff shall recover such property regardless of whether the debtor has funds in the bank or cash. After the arrest, such property is put up for sale. The debt under the enforcement document is paid to the recoverer from the money received from the sale of the mortgaged property.
The debtor’s property, which is held by other persons
The bailiff may recover property that belongs to the debtor, but is not with him, but with other persons.
Sale of the Debtor’s Property
The debtor’s property is seized, assessed, and transferred for sale to a trading organisation. The sale may be conducted by the bailiff or by the debtor personally. Proceeds from the sale are credited to the enforcement agency’s bank account, from which the bailiff transfers them to the creditor.
Our Services
Document Preparation
We prepare the full document package for initiating enforcement proceedings and submit it to the bailiff service on the creditor's behalf.
Full Representation
We represent the creditor's interests throughout enforcement proceedings — monitoring the bailiff's actions, providing additional asset information, and taking legal steps where enforcement is being obstructed.
Power of Attorney Support
Acting under a power of attorney, we manage all aspects of enforcement on the creditor's behalf — including negotiations with the debtor, applications for interim measures, and enforcement against specific assets.
Enforcement Documents Executable Without Bailiff Involvement
Notarial Enforcement Inscriptions
Allow the creditor to submit a direct payment demand to the debtor's bank for collection without involving the bailiff service.
Decisions of Authorised State Bodies
Certain rulings by government agencies or banks authorise direct recovery of funds from the debtor's bank accounts.
Orders from Criminal Proceedings
Resolutions issued in criminal proceedings may authorise direct recovery from the debtor's account.
Administrative Penalty Orders
Administrative penalty orders can be used to recover fines by direct debit from the debtor's bank account.
Duplicates of Such Documents
Official copies or duplicates of the above documents carry the same legal force as originals.
Documents Requiring Bailiff Execution
Debt Collection
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Events That Interrupt the Three-Year Enforcement Deadline
Partial Execution
Where the debt is partially recovered under the enforcement document, the three-year deadline resets from the date of partial execution.
Payment Demand Sent to Bank
When the creditor submits a payment demand to the debtor's bank under the enforcement document, the deadline resets.
Document Sent to Income Source
When the creditor forwards the document to the debtor's employer for wage garnishment, the deadline resets.
Document Submitted to Bailiff
When the creditor submits the enforcement document to the bailiff service for enforcement proceedings, the deadline resets.
What Can the Creditor Do?
1
Meet with the Bailiff Personally
The creditor may visit the bailiff during office hours to discuss the case status, provide new information about the debtor, and request specific enforcement actions.
2
Assist the Bailiff
The creditor can help by providing information about the debtor's income sources, assets, debtors of the debtor, or by assisting with the practical aspects of property removal where needed.
3
Review the Enforcement File
The creditor has the right to inspect the enforcement case file. It is advisable to notify the bailiff in advance to arrange a suitable time.
4
Provide Asset Information
The creditor can share information about the debtor's known assets — income, shareholdings, inheritances, debts owed to the debtor — enabling faster and more effective enforcement.
Types of Protective Measures
Seizure of Property
The bailiff may seize the debtor's assets — including cash held personally or with third parties — to secure future recovery.
Restrictions on Personal Rights
The debtor may be restricted from exercising certain rights — such as driving a vehicle or hunting — as an enforcement measure.
Freezing Bank Accounts
The bailiff may freeze funds in the debtor's bank accounts, preventing withdrawals until the debt is satisfied.
Ban on Using Property
The debtor may be prohibited from using certain assets, ensuring they remain available for enforcement.
Ban on Transfers to the Debtor
Third parties may be prohibited from transferring property or funds to the debtor, preventing asset dissipation.
When Enforcement Proceedings Are Terminated
Why Foreign Creditors Choose AMBY Legal
Professional Case Analysis
We assess each enforcement situation thoroughly — identifying the most effective route to recovery based on what is known about the debtor's assets and financial position.
Time-Saving Approach
We handle all paperwork, deadlines, and correspondence with the bailiff service — allowing the creditor to focus on their business while we drive enforcement forward.
Clear Communication
We keep foreign creditors informed in English throughout — explaining the current status, the bailiff's actions, and available next steps at every stage.
Cost-Effective Solutions
We focus on the most cost-efficient enforcement route in each case — avoiding unnecessary steps and maximising the value recovered relative to enforcement costs.
Handling Complex Issues
We handle complex enforcement situations — including enforcement against jointly owned property, tracing assets held by third parties, and applications for judicial protective measures.
Proven Track Record
Our team has extensive experience in Belarusian enforcement proceedings — including cases on behalf of foreign creditors conducted entirely under a power of attorney.
FAQ
How are enforcement proceedings initiated in Belarus?
The creditor submits the enforcement document and an application to the bailiff service at the debtor’s location. The bailiff issues a decision on initiating proceedings within three days. Alternatively, for undisputed monetary debts, the creditor may submit a payment demand directly to the debtor’s bank via the AIS FMO system — bypassing the bailiff service entirely.
What is the deadline for submitting an enforcement document to the bailiff service?
Enforcement documents must generally be submitted within three years. This deadline resets when the document is partially executed, submitted to a bank for direct debit, forwarded to the debtor’s employer for wage deductions, or submitted to the bailiff service. Where the deadline is missed, the court may restore it on application provided valid reasons are established.
What protective measures can a bailiff apply in enforcement proceedings?
The bailiff may seize the debtor’s assets, freeze bank accounts, prohibit the debtor from using specific property, restrict personal rights such as driving, and bar third parties from transferring assets to the debtor. Restrictions on the debtor’s right to leave Belarus and restrictions on visiting gambling establishments require a separate court decision rather than a bailiff’s order.
What happens if the debtor has no funds but owns property?
Where the debtor’s bank accounts and cash are insufficient to satisfy the debt, the bailiff proceeds to enforce against the debtor’s other property — movable assets, real estate, shareholdings, and property held by third parties. The creditor may also submit an application to the bailiff requesting enforcement against specific property. The bailiff considers such an application within 10 days.
Can a settlement be reached after enforcement proceedings have started?
Yes. Even after enforcement proceedings are initiated, the creditor and debtor may conclude a settlement or mediation agreement — for example, agreeing an instalment repayment plan. Where such an agreement is reached, enforcement proceedings are terminated and the compulsory enforcement fee is charged at half the standard rate rather than in full.
Is enforcement against EU-based creditors suspended in Belarus?
Since 10 April 2022, compulsory enforcement of court orders in favour of legal entities from states designated as “unfriendly” has been suspended in Belarus — including EU member states, the USA, Switzerland, Albania and Montenegro. Enforcement in favour of private individuals from these states has not been suspended. AMBY Legal advises on the current practical implications for specific cases.
Can a foreign creditor be represented in Belarusian enforcement proceedings?
Yes. AMBY Legal represents foreign creditors in Belarusian enforcement proceedings under a power of attorney — submitting documents to the bailiff service, applying for protective measures, liaising with enforcement authorities, and monitoring proceedings through to full recovery. Travel to Belarus is not required.
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