Belarus: The timeframe for filing a Writ of Enforcement in commercial cases will be extended from 6 months to 3 years.
At the moment, the timeframe for filing a Writ of Enforcement is 6 months in commercial cases and 3 years in civil cases (this timeframe is regulated by different procedural codes). The Law on Enforcement Proceedings no 439-З from 24 October 2016 (hereinafter the “Law“), which enters into force on 16 May 2017, provides for a unified timeframe to start enforcement proceedings, regardless of the type of case. The Law contains an already-existing rule that allows a writ returned unenforced or only partially enforced to be filed a second time. The timeframe to refile is then calculated anew from the date of the writ’s return. However, if the writ is returned a second time on the grounds that the debtor has no money or other executable property, the creditor must provide new information indicating that the debtor has property untested in the prior attempts at enforcement, before filing the writ for a third time.
New in the Law is the extension of certain provisions to the shareholders and company officers of a debtor who is a legal entity, including the director, the chief financial officer, members of the board, and other persons authorized to manage the legal entity. For example, when the debtor is a legal entity, company officials may be temporarily enjoined from leaving the Republic of Belarus. Moreover, shareholders of a legal entity debtor may be compelled to appear if they fail to respond when summoned by a bailiff.
Changes also concern the issue of succession. When the new Law enters into force, bailiffs will be authorized to replace a party to enforcement proceedings with its successor; currently, only the court is authorized to do this.
Generally, the Law consolidates the provisions of a number of legal Acts into one comprehensive Act. It also regulates in greater detail such issues as the powers of representatives in enforcement proceedings and procedures for appealing the actions (or failure to act) of bailiffs, etc.
Source: National legal Internet portal of the Republic of Belarus (NLIP) 15.11.2016, 2/2437