Enforcement proceedings are a key and defining procedure for collecting debts from any counterparty, because the previous work on negotiations, filing claims, lawsuits and obtaining court decisions in your favor will be depreciated without an enforcement procedure.
In Belarus, since 2014, after the implementation of the judicial reform, a vertical system of enforcement bodies has been functioning, independent of the courts and subordinate to the Ministry of Justice of the Republic of Belarus. Therefore, the Belarusian court and the bailiff within the framework of enforcement proceedings have independent competence, they have their own range of procedural actions and powers that do not overlap.
Grounds for execution and executive documents.
The grounds for execution are court orders and other acts to be executed. For instance: court decisions of economic and general courts; decisions of international arbitration courts; mediation agreements; executive notices, decisions in the case of an administrative offense, etc.
At the same time, decisions of international arbitration courts, arbitration tribunals do not have direct executive power. To enforce these decisions in Belarus, the Belarusian court must issue a writ of execution for their execution. In the Belarusian procedural legislation there is a separate category of cases on applications for the issuance of a court order for the execution of decisions of arbitration courts.
Executive documents - those documents on the basis of which enforcement proceedings are initiated. For instance: court orders of economic courts; rulings on the court order of economic courts; decisions of bailiffs; decisions of the court, the body conducting the administrative process, in terms of property penalties in cases of administrative offenses.
Stages of enforcement proceedings:
1. Initiation of enforcement proceedings.
2. Preparation for the execution of enforcement actions.
3. Execution of executive actions.
4. End of enforcement proceedings.
The stage of initiation of enforcement proceedings should be preceded by an appeal to the bank for undisputed debt collection. The procedure for the indisputable write-off of funds is regulated by the Resolution of the Board of the National Bank of March 29, 2001 No. 66 “On Approval of the Bank Transfer Instruction”. This procedure does not apply to debt collection made on the basis of a writ of execution.
How it works? The recoverer sends a writ of execution to his bank and sends it to the debtor's bank for execution. The document goes to the debtor's bank. Payment requests accepted for execution are subject to payment no later than the banking day of their receipt by the sending bank in full amount if funds are available on the payer's account. If the amount of the executed payment request is less than the amount of the order of execution, including taking into account the marks of partial payment, the second copy of the payment request is sent to the payer, and the third copy, together with the order of execution, is returned to the recoverer through the servicing bank. Unfulfilled (partially fulfilled) payment requests presented to the current account of the payer - a legal entity, in the unpaid amount are placed in the card index.
The claimant has the right to withdraw from the bank a payment request with a writ of execution that was not executed or was partially executed. To do this, the recoverer must send an application for the return of the executive document to his bank. When initiating enforcement proceedings, the recoverer must attach a payment request and a writ of execution to the application for initiating enforcement proceedings.
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