It is quite difficult for companies that have achieved a resolution of a legal dispute and received a foreign court decision against a resident of Belarus to execute such a decision without the help of an experienced lawyer. Our lawyers will advise you on the enforcement of foreign judgments and prepare the necessary documents for their recognition and enforcement.
When a foreign court’s decision can be recognized and enforced in Belarus
In Belarus, it is possible to recognize court decisions of States with which Belarus has signed international treaties or on the principle of reciprocity.
Belarus participates in a number of international treaties on legal assistance, under which decisions of foreign courts are recognized and enforced in Belarus. Agreements on legal assistance are in force with the CIS states, a number of European and Asian states.
The principle of reciprocity works when an international agreement has not been concluded between Belarus and the state whose court issued the decision. For such recognition, it is necessary to study the practice of recognizing the decisions of the Belarusian court in this state.
Peculiarities of execution of decisions of the courts of the Russian Federation in Belarus
Decisions of the courts of the Russian Federation are executed in Belarus on the principle of reciprocity. This means that the decisions of the Russian courts are executed on the territory of Belarus in the same manner as the decisions of the Belarusian courts. To fulfill them, you do not need to go through the recognition procedure. It is enough to send the executive document issued by the court of the Russian Federation to the system of enforcement agencies. Our lawyer will advise you on the issue of the execution of the decision of the court of the Russian Federation, make an application for the initiation of enforcement proceedings, and represent your interests in enforcement proceedings.
Recognition and enforcement of foreign judgements
In order to recognize and enforce the decision of a foreign court, it is necessary to apply to the Belarusian court at the location or residence of the debtor with an application. When the location or residence of the debtor is unknown, the application is submitted to the court at the location of the debtor’s property.
Step 1. Drafting an application for recognition and enforcement of a foreign court decision
Our lawyer will prepare such a statement after consulting and studying the case materials.
Documents must be attached to the application:
- The decision of a foreign court.
- An extract from the commercial register of the state in which the collecting company is registered.
- Power of attorney of the representative.
Apostille and legalization of documents
These documents must be certified: apostilled or legalized at the consulate, translated into Russian or Belarusian and notarized translation.
The apostille is affixed to documents that are issued in the States parties to the Hague Convention. This is a special stamp that confirms the legal force of the document in all States parties to the convention. In particular, these are the following states: Azerbaijan, Armenia, Belgium, Bulgaria, Canada, Cyprus, China, Czech Republic, Denmark, France, Georgia, Germany, Greece, Israel, Latvia, Lithuania, Norway, Poland, Portugal, Republic of Korea, Saudi Arabia, USA, Great Britain, Turkey, etc. Documents issued in other countries need to be legalized. Documents are legalized at the Belarusian consulate in the state where the document was issued.
Translation of documents
Documents issued in a foreign language must be translated into the official language of Belarus: Russian or Belarusian. We recommend that you make a translation in Belarus, with an interpreter who cooperates with notary offices and is included in the register of translators of the notary Chamber. The translation must be notarized.
A copy of the application prepared for the court must be sent to the debtor.
Step 2. Payment of the state fee
Before submitting an application to the court, you need to pay a state fee of 10 basic units. This is 370 Belarusian rubles.
Step 3. Consideration of the application by the court
The court considers the application for recognition and enforcement of a foreign court decision with the summons of representatives of the parties.
Step 4. Recognition of a foreign court’s decision
In case of recognition of the decision of a foreign court, the Belarusian court issues a court ruling and a court order to the representative of the claimant — this is an executive document.
Step 5. Execution of a foreign court’s decision
After receiving the court order, an application for the initiation of enforcement proceedings is drawn up. Together with the court order, it is sent to the system of enforcement agencies for collection from the debtor.
At each stage, you will be advised and accompanied by our experienced lawyer who knows the issues of recognition and enforcement of foreign court decisions.
When it will not be possible to execute the decision of a foreign court
Since April 10, 2022, the execution of executive documents in favor of residents of foreign countries who are declared unfriendly has been suspended. The list of unfriendly states includes 13 positions, including the member states of the European Union, the United States, Canada, and the United Kingdom. The execution of decisions of foreign courts made in favor of business entities, for which the Belarusian court’s rulings on recognition have been received, has been suspended.
The execution of decisions of foreign courts in favor of individuals has not been suspended.
How we can be useful in recognizing and enforcing the decision of a foreign court in Belarus
Our lawyers and attorneys are experienced specialists in the field of judicial practice, enforcement proceedings and speak English. We can:
- Advise you on the recognition and enforcement of your judgment of a foreign court;
- Organize the legalization and translation of documents for the court, their notarization;
- Prepare a package of documents for the recognition of the foreign court’s decision and send them to the Belarusian court;
- Prepare a package of documents for the execution of the foreign court’s decision recognized by the Belarusian court and send it to the system of enforcement agencies;
- Monitor the process of execution of a foreign court’s decision for successful recovery.
Contact us
If you have any questions about the recognition and execution of a foreign court decision in Belarus, we will be happy to help you! Our long-term experience in the field of judicial practice and enforcement proceedings, including recognition and enforcement of decisions of foreign courts, will help you in resolving any disputes in this area.
Phone and email communication options are available for your convenience:
- +375291422719 (WhatsApp/Telegram/Viber);
- info@ambylegal.by.
