Initial Guidance
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Protection of Interests in Enforcement Proceedings
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Protect Your Assets
Discover how legal experts safeguard your interests and minimize losses in debt collection and enforcement cases.
To collect debts, it is not enough to get an executive document. It is necessary to organize its execution. Companies and individuals who have received enforcement documents can send them for collection from debtors independently or through enforcement agencies. It is possible to collect debts through the enforcement agencies when the bailiff has initiated enforcement proceedings. To interact with the enforcement agencies, we recommend contacting our lawyer, who will study all the documents and act in your best interests.
What are the Executive Documents?
Executive documents are documents according to which money is indisputably collected from debtors’ bank accounts, electronic money from their electronic wallets. The list of executive documents is established in the Belarusian legislation. Usually, an enforcement document is issued to the recoverer or his representative after the case is resolved by a court or other state body.
Where are the Executive Documents Sent?
The recoverer is not obliged to independently send an enforcement document for collection. He can immediately apply to the enforcement agencies at the location of the debtor or his property or his business activities, when the debtor is a company. The Republic of Belarus does not provide for the automatic initiation of enforcement proceedings without the debtor’s application.
The Debtor is an Individual
When the debtor is an individual who has a place of work known to the recoverer, the recoverer may send an enforcement document to the accounting department at the debtor’s place of work with an application for deductions.
The Debtor is a Company
When the debtor and the recoverer are companies, the recoverer can send an enforcement document and a payment request to his bank. The bank transmits such documents electronically to AIS FMO. AIS FMO is an automated information system for the fulfillment of monetary obligations. With the help of this system, in particular, debts are collected from debtors’ bank accounts according to enforcement documents.
The payment claim is kept in the AIS FMO until the debt amount is fully recovered or revoked by the recoverer, but no more than 5 years. The recoverer can always withdraw the payment claim from the AIS FMO and transfer the enforcement document to initiate enforcement proceedings in the enforcement agencies.
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Suspension of Execution of Executive Documents
It should be remembered that since 04/10/2022, the execution of executive documents in favor of residents of unfriendly states has been suspended in the Republic of Belarus. Such States include, in particular, the member States of the European Union, the USA, Switzerland, Albania, Montenegro.
When the Executive Document is Sent to the Enforcement Agencies
The claimant may send the enforcement document to the enforcement agencies within three years. For example, the notary’s executive inscription can be sent to the enforcement agencies within three years from the date of its commission.
Restoring a Missed Deadline
When the three-year period is missed, it can be restored by the court at the request of the claimant. In such a petition, you must specify a valid reason for missing the deadline. The court evaluates the validity of the reason and, based on this, recognizes or does not recognize the reason for missing the deadline as valid and will restore or refuse to restore the deadline for presenting the enforcement document for execution. Our lawyer can prepare documents to restore the missed deadline and send them to the court.
When the court restores the deadline for submitting the enforcement document for execution, the claimant has six months to submit it for execution.
What Does it Mean to Break the Deadline for Submitting an Enforcement Document for Execution?
A break in the deadline for submitting an enforcement document for execution means that this period is reset to zero. In the event that the enforcement document is returned to the recoverer, since it is partially executed, or the bank returns it without execution, the three-year period for submitting it for execution begins to count from the beginning.
Initiation of Enforcement Proceedings
An application for the initiation of enforcement proceedings and the enforcement document itself must be sent to the enforcement agencies. If the claimant previously sent a payment request to the bank or sent an enforcement document to the place where the debtor received income, then copies of the relevant documents are attached to the application. Documents can be sent by mail or brought in person.
What Documents you Should Take
In case of personal submission of documents, you need to take your passport with you. In addition to a passport or residence permit, the director of the applicant organization needs to take with him a document confirming the status of the head. For example, an appointment order or a contract or an extract from the appointment decision. A representative of the applicant organization, who is not its head, must have a power of attorney in addition to a passport or residence permit.
Resolution on the Initiation of Enforcement Proceedings
The bailiff issues a decision on the initiation of enforcement proceedings no later than three days after receiving the application and the enforcement document from the claimant. The recoverer can receive the decision of the bailiff personally. Otherwise, it will be sent by mail.
Application for Interim Measures
The recoverer has the right to send a request for interim measures. Interim measures are measures taken by the bailiff to ensure the possibility of execution. He may take such measures on his own initiative and at the request of the claimant. The petition must specify the justification: to argue why the claimant requests the application of a certain interim measure. There are interim measures, the application of which must be requested by the court, and not by the bailiff. This is a restriction on the right of the debtor — an individual or officials of the debtor — organization to leave the Republic of Belarus and a restriction of the debtor in visiting gambling establishments.
How to Interact With the Debtor
It is usually difficult for the claimant to constructively interact with the debtor at the stage of enforcement proceedings. However, at this stage, it is possible to come to an agreement with the debtor on the conclusion of a settlement or mediation agreement, in which, for example, an installment repayment of the debt can be agreed. With the conclusion of each of the agreements, enforcement proceedings are terminated, and a compulsory fee is collected from the debtor not in full, but half of the amount of the fee. Our experienced lawyer in enforcement proceedings, if necessary, will represent your interests in negotiations with the debtor.
Offset Options
Various offset options can be discussed with the debtor. For example, the acceptance of property to offset the debt under the executive document. When the debtor is a manufacturing organization, it is possible to consider taking off the debt of the manufactured products.
How Does a Bailiff act in Enforcement Proceedings
After the initiation of enforcement proceedings, the bailiff informs the debtor about the initiation of enforcement proceedings and gives seven days for voluntary execution. If during this time the debtor has not begun to pay the debt, the bailiff begins debt collection at the expense of funds and other property of the debtor.
Debt Collection at the Expense of the Debtor’s Funds
The bailiff acts on the basis of information about the debtor’s bank accounts and cash. He sends the executive document to the bank to collect the debt from the debtor’s bank accounts and deposits. The recovered money is credited to the enforcement agencies’ bank account. First, Belarusian rubles are collected, and if they are not enough to repay the debt, then funds in foreign currency are collected. The debtor’s cash is described, withdrawn according to the act and deposited into the enforcement agencies’ bank account.
Expenses of the Debtor in Enforcement Proceedings
In enforcement proceedings, the debtor’s expenses are higher than in voluntary execution, since the bailiff collects, in addition to the debt, the costs of enforcement actions and 10% of the amount of the fulfilled claim, but not less than 0.5 of the base amount.
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.
At the Expense of Which Property Debt Cannot Be Collected
They do not collect debt at the expense of property that cannot be foreclosed on according to enforcement documents. Such property includes, in particular, the property of citizens: one apartment in which the debtor permanently resides, except in cases of collecting a loan for this apartment, household items and other property that are necessary for the debtor and his family members.
At the Expense of What Property can the Debt be Recovered
You can collect the debt at the expense of the debtor’s own property, as well as at the expense of property that is jointly owned.
Allocation of the Debtor’s Share in Common Ownership
If the debtor’s share in joint ownership has not been allocated, then the recoverer will need to file a claim with the court for the allocation of the debtor’s share in the common property in order to foreclose on it. It is necessary to apply to the court within a month from the date of receipt of the relevant notification from the bailiff, otherwise the bailiff will return the enforcement document.
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 arrested, assessed and transferred for sale to a trade organization. The sale may be handled by a bailiff or the debtor himself. The money from the sale of the debtor’s property is transferred to the enforcement agencies’ bank account, and the bailiff transfers it to the debtor.
Our Services
Document Preparation
Our team prepares a complete set of documents needed to open the case and submits them directly to the bailiff on your behalf.
Full Representation
We represent your interests at every stage, monitor the progress of the case, and stay in regular contact with the bailiff to help accelerate recovery.
Power of Attorney Support
With a power of attorney, we manage all other issues that may come up during enforcement, always prioritizing your best interests.
Enforcement Documents that Can be Executed Independently
Notarial Enforcement Inscriptions and Other Documents
These allow creditors to submit a direct payment demand to the debtor’s bank for uncontested withdrawal without involving court bailiffs.
Decisions of Authorized State Bodies and Banks
Certain rulings by government agencies or banks can serve as a basis for directly recovering funds from the debtor’s account.
Orders from Criminal Proceedings Authorities
Resolutions issued during criminal processes may authorize creditors to claim money directly from the debtor’s bank account.
Orders Imposing Administrative Penalties
Administrative penalty orders can be used to recover fines or fees by sending a payment demand directly to the debtor’s bank.
Duplicates or Copies of Such Documents
Official copies or duplicates of the above documents have the same legal force, allowing the creditor to initiate direct collection through the debtor’s bank.
Documents Executed by Bailiff Services
Debt Collection
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Time Limit for Enforcing a Writ is Interrupted When
Partial Execution of the Document
If part of the debt or obligation under the enforcement document has already been satisfied, the limitation period resets.
Creditor Sends a Payment Demand to a Bank
When the creditor submits a payment demand to the debtor’s bank under the enforcement document and the bank accepts it for processing.
Creditor Sends It to the Debtor’s Income Source
For example, if the creditor forwards the document to the debtor’s employer to garnish wages, the limitation period is interrupted.
Document Sent to the Bailiff Service
When the creditor submits the enforcement document to the bailiff service to start enforcement proceedings, the time frame is reset.
What Can a Creditor Do?
1
Meet with the Bailiff Personally
The creditor may visit the bailiff during office hours to discuss the case. Office hours and contact details can be confirmed directly with the bailiff service.
2
Assist the Bailiff’s Work
A creditor can help by providing information about new income sources, debtors of the debtor, or even offering transport to move the debtor’s property when needed.
3
Review the Enforcement File
The creditor has the right to examine case materials. It’s best to notify the bailiff in advance to arrange a convenient time to visit the enforcement office.
4
Provide Information on the Debtor’s Assets
The creditor can share details about the debtor’s income, business shares, inheritances, or debts owed to them, helping the bailiff act faster, even arranging direct debt transfers.
Types of Protective Measures
Seizure of Property
The bailiff can seize the debtor’s assets, including cash held personally or by others, to secure future repayment.
Restrictions on Personal Rights
Debtors may face limits such as losing the right to drive a vehicle or to hunt, depending on the case.
Freezing Bank Accounts
The bailiff can place a hold on the debtor’s funds in bank accounts, preventing withdrawals until debts are resolved.
Ban on Using Property
Debtors may be prohibited from using certain assets, ensuring the property remains available to satisfy the debt.
Ban on Transfers to the Debtor
Others can be barred from handing over property or funds to the debtor, helping to secure assets for enforcement.
Enforcement Proceedings are Terminated When
Why Us
Professional Case Analysis
We thoroughly review your situation, identify legal risks and opportunities, and build a solid strategy tailored to your needs, giving you confidence at every step.
Time-Saving Approach
We handle the paperwork, deadlines, and negotiations, so you can focus on your priorities while we drive your case forward efficiently.
Clear, Understandable Communication
We explain complex legal issues in plain language, ensuring you always know where your case stands and what your options are.
Cost-Effective Solutions
We focus on achieving results without unnecessary expenses, helping you avoid costly missteps and maximize the value of your legal budget.
Handling Complex Legal Issues
From intricate disputes to multi-layered enforcement actions, we have the expertise to solve even the most challenging legal problems.
Proven Track Record of Success
With numerous favorable outcomes, we bring the experience and confidence needed to protect your interests and secure the best possible results.
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