LAW OF THE REPUBLIC OF BELARUS

of January 6, 2021 No. 90-Z

About change of the laws concerning enforcement proceeding

Accepted by the House of Representatives on December 16, 2020

Approved by Council of the Republic on December 18, 2020

Article 1. Bring in the Economic Procedure Code of the Republic of Belarus of December 15, 1998 the following changes:

1. State Article 46-2 in the following edition:

"Article 46-2. Jurisdiction of cases on claims (protests) to resolutions, actions (failure to act) of the legal executive, other employee of body of forced execution

The court considering economic cases according to Article 2663 of this Code considers cases on claims (protests) to resolutions, actions (failure to act) of the legal executive, other employee of body of forced execution to whom functions on direct execution of executive documents are assigned (further - other employee of body of forced execution), and also on claims (protests) to the resolutions of the head of body of forced execution which are taken out by results of consideration of the claim (protest) to resolutions, actions (failure to act) of the legal executive, other employee of body of forced execution extrajudicially, the established legislation on enforcement proceeding (further - resolutions of the head of body of forced execution), in cases:

execution of the executive documents issued by the courts considering economic cases;

execution of the requirements containing in executive documents of foreign vessels in the cases provided by international treaties of the Republic of Belarus, executive texts of notaries, diplomatic agents of diplomatic representations of the Republic of Belarus and consular officials of consular establishments of the Republic of Belarus about collection of sums of money (debt) concerning the legal entity, the individual entrepreneur, the citizen performing the activities without formation of legal entity in the field of business and other economic (economic) activity;

execution of decisions of tax authorities on tax collection, charges (duties), and also other obligatory payments in republican and local budgets, control of correctness of calculation by which timeliness and completeness of payment it is assigned to tax authorities, from the legal entity, the individual entrepreneur, the citizen performing the activities without formation of legal entity in the field of business and other economic (economic) activity;

in other cases provided by legal acts.".

2. The fourteenth Article 51 to state part in the following edition:

"Claims (protests) to resolutions, actions (failure to act) of the legal executive, other employee of body of forced execution, to resolutions of the head of body of forced execution are filed a lawsuit, considering economic cases, in the location of relevant organ of forced execution.".

3. In Article 123:

third to state part in the following edition:

"The voluntary settlement signed at stage of execution of the court decree is submitted for approval to the court which is considering economic cases, the first instance, accepted the court decree. The voluntary settlement signed at stage of execution of the executive document issued by other authorized body (person) is submitted for approval to the court considering economic cases in the place of execution of the executive document.";

in part seven of the word "is not subject" shall be replaced with words "the executive document issued by other authorized body (person) are not subject".

4. In paragraph three of Article 145 and the paragraph the sixth Article 146 of the word of "Forces" and "forming of the Republic of Belarus" to replace respectively with words of "Forces of the Republic of Belarus" and "forming".

5. Add Article 151 with the paragraph of the following content:

"by consideration of the claim (protest) to resolutions of the legal executive, other employee of body of forced execution on replacement of the party of enforcement proceeding or about refusal in such replacement, on resolutions of the head of body of forced execution there was dispute on the right subordinated to court.".

6. To add article 211 after part one with part of the following content:

"The petition for delay or extension of the deadline for executing the court decree, change of method and procedure for its execution is filed a lawsuit, the executive document considering economic cases and issued.".

7. Add Article 225 with part of the following content:

"If in case of forced execution of determination about the writ replacement of the party of enforcement proceeding is made and it is formed several debtors or claimants, the court which is considering economic cases and issued determination about the writ based on representation of the legal executive and the resolution on replacement of the party of enforcement proceeding issues the necessary number of copies of determination about the writ.".

8. State Article 266-3 in the following edition:

"Article 266-3. Production on cases on claims (protests) to resolutions, actions (failure to act) of the legal executive, other employee of body of forced execution, the resolution of the head of body of forced execution

The parties of enforcement proceeding, other persons, whose rights and legitimate interests are violated in case of execution of the executive document, have the right to appeal, and the prosecutor - to protest resolutions, actions (failure to act) of the legal executive, other employee of body of forced execution, the resolution of the head of body of forced execution in case of recognition of the claim (protest) proved fully or partially.

The claim (protest) is filed a lawsuit, considering economic cases, in the location of relevant organ of forced execution.

The claim to resolutions, actions (failure to act) of the legal executive, other employee of body of forced execution, except for claims to resolutions, actions (failure to act) of the Chief bailiff of the Republic of Belarus, can be filed a lawsuit, considering economic cases, after appeal extrajudicially, by the established legislation on enforcement proceeding, within ten days from the date of receipt of the resolution of the head of body of forced execution.

The claim to resolutions of the head of body of forced execution on recognition of the claim (protest) proved fully or partially can be filed a lawsuit directly, considering economic cases, within ten days from the date of receipt of the relevant resolution.

The claim to resolutions, actions (failure to act) of the Chief bailiff of the Republic of Belarus can be filed a lawsuit directly, considering economic cases, within ten days from the date of receipt of the relevant resolution, or from the date of making of these actions (factual determination of this failure to act), or from the date of when the person making the complaint, who is not informed properly on time and the place of making of these actions learned or owed learn about their making.

The prosecutor has the right to bring protest on resolutions, actions (failure to act) of the legal executive, other employee of body of forced execution, and also on resolutions of the head of body of forced execution on recognition of the claim (protest) proved fully or partially is direct in the court considering economic cases within ten days from the date of receipt of the relevant resolution, or from the date of making of these actions (factual determination of this failure to act), or from the date of when the prosecutor learned or shall learn about their making.

Claims (protests) to resolutions, actions (failure to act) of the legal executive, other employee of body of forced execution, and also to resolutions of the head of body of forced execution shall conform to the requirements established by parts one and the second Article 159 and part one of article 160 of this Code.

In the claim (protest) also shall be specified:

the name of the executive document in connection with which execution are appealed resolutions, actions (failure to act) of the legal executive, other employee of body of forced execution, the resolution of the head of body of forced execution, number of the executive document and date of its issue, requirements containing in the executive document (are protested);

the name of court, other authorized body, surname and initials of the official, issued the executive document.

Court, having determined that the claim (protest) to resolutions, actions (failure to act) of the legal executive, other employee of body of forced execution, and also on resolutions of the head of body of forced execution is submitted with violation of the requirements established by parts seven and the eighth this Article takes out determination about leaving of the claim (protest) without movement what informs person who made the complaint (protest) on and provides it term for correction of shortcomings.

If the reasons which formed the basis for leaving of the claim (protest) without movement will be eliminated in time, specified in determination of the court considering economic cases, the claim (protest) is considered filed a lawsuit in day of its initial receipt and is accepted to production by the court considering economic cases.

In case of not elimination by the applicant (prosecutor) of the reasons which formed the basis for leaving of the claim (protest) without movement, in time, specified in determination, the court considering economic cases returns the claim (protest) and documents attached to it without consideration.

Claims (protests) are considered no later than one month from the date of receipt in the court considering economic cases.

Are informed on time and the place of consideration of the claim (protest) person who made the complaint, the prosecutor who brought protest, the parties of enforcement proceeding and the legal executive, other employee of body of forced execution, the resolution, actions (failure to act) of which are appealed protested), and also the head of body of forced execution who issued the decree by results of consideration of the claim (protest) extrajudicially, the established legislation on enforcement proceeding. Absence of the specified persons informed properly on time and the place of consideration of the claim (protest) is not obstacle for consideration of the claim (protest).

By results of consideration of the claim (protest) to resolutions, actions (failure to act) of the legal executive, other employee of body of forced execution, and also on resolutions of the head of body of forced execution the court considering economic cases passes the decision.

In case of recognition of the claim (protest) to resolutions, actions (failure to act) of the legal executive, other employee of body of forced execution, the resolution of the head of body of forced execution proved the court considering economic cases in substantive provisions of the decision determines measures which shall be accepted by the legal executive, other employee of body of forced execution, resolutions, actions (failure to act) of which are appealed protested), for elimination of the violations allowed by them.

The court considering economic cases refuses grievance settlement (protest) if determines that the appealed (protested) decrees are issued, actions are made by the legal executive, other employee of body of forced execution according to the legislation within their powers or there is no fact of failure to act and the right and legitimate interests of the parties of enforcement proceeding, other persons were not broken in case of execution of executive documents.

If by consideration of the claim (protest) to resolutions of the legal executive, other employee of body of forced execution on replacement of the party of enforcement proceeding or about refusal in such replacement, and also on the decrees of the head of body of forced execution issued by results of consideration of the claim (protest) to such resolutions extrajudicially, the dispute on the right subordinated to court, the court considering economic cases arose the established legislation on enforcement proceeding, leaves such claim (protest) without consideration and explains to person the right to the address with the claim according to the procedure, established by the legislation.".

9. State Article 325 in the following edition:

"Article 325. Competence of the courts, considering economic cases, connected with execution of court decrees, other decisions and acts

The courts considering economic cases issue writs, duplicates of writs, resolve issue of turn of execution of the court decree, recover the passed term of presentation of the executive document to execution, approve the voluntary settlements signed within enforcement proceeding, consider petitions for delay or extension of the deadline for executing the court decree, the statement for temporary restriction of the right of the debtor - the citizen, including the individual entrepreneur, the official of the legal entity who is the debtor on departure from the Republic of Belarus, about temporary restriction of the debtor - the citizen, including the individual entrepreneur, in visit of gambling institutions, virtual gambling institutions and participation in gamblings, representations of the legal executive, claims (protests) to resolutions, actions (failure to act) of the legal executive, other employee of body of forced execution, resolutions of the head of body of forced execution, and also resolve other issues provided by this Code and other legal acts.".

10. The second Article 326 to state part in the following edition:

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