About of the changed rules of debt collection in Belarus: the orderly proceedings in a new way

Since 16.05.17 new mechanisms of debt collection in Belarus have been “earned” in the territory of the Republic of Belarus. They were put into effect, the amended Law of the Republic of Belarus of 24.10.2016 for №. 439-3 “On Enforcement proceedings”, in fact, transformed orderly proceedings.

Improved individual methods of collection, according to legislators, will accelerate certain processes of enforcement proceedings and increase the coefficient of its effectiveness!

The law changes the EPC, limiting the orderly proceedings, as a mechanism of debt collection, and also determines:
1. The rights and obligations of the parties to enforcement proceedings in a new format, while at the same time expanding the official functions of judicial executors.
2. Another legal regime for foreclosure on property of debtors, including their income.
3. Cardinal changes in the system of distribution of disputable assets between the recoverers.

Thus, the orderly proceedings is the procedure for recovering debts in a simplified manner according to the legislation of the Republic of Belarus, regulated by the provisions of the head of the 24th EPC of the Republic of Belarus.
It is implemented solely on the basis of documentation provided by the parties. In this case, the court examines the documents without calling the parties for 20 working days.

So, from 16.05.17 new rules apply!

Firstly, the amount of the claim up to 100 basic units ceases to be an independent legal basis for applying to orderly proceedings Now the recourse for such a settlement of the debt incident is only if:
1. The demand is indisputable, that is, based on documents confirming the fact of having a debt, and there are no grounds for collecting it in a notarial order.
2. The debtor does not contest the claim, in fact recognizing it, while not intending to fulfill it.

Secondly, all the requirements for up to 100 basic units under the new rules set forth in Art. 220 EPC and art. 133 of the Law “On Enforcement proceedings” will be satisfied in the order of the general order established by Article 122 of mentioned Law (previously an extraordinary procedure was in force).

Thirdly, as before, any debt collection in Belarus is a serious problem. Its settlement without legal support is possible, but is it effective ?! In the presence of a qualified legal assistance, for example, provided by lawyers ILF “Speaker” – really and guaranteed!