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Attachment of Assets - Looseleaf
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Belarus
Attachment of Assets
Introduction
There are two major legislative acts regulating attachment of assets
of debtor in connection with civil procedure in the Republic of Belarus.
They are: the Code of Civil Procedure (CCP) and the Code of
Economic Procedure (CEP) (together referred to as the Codes). The
first regulates judicial procedure in common courts involving
individuals, the second regulates judicial procedure in a separate
system of economic courts, which solves disputes concerned to
economic and business activity of individuals and legal entities. Both
CCP and CEP stipulate the possibility of debtor’s assets attachment
and stipulate similar order of its accomplishment. International
arbitration court at Belarusian Trade and Production Chamber basing
on its Procedural rules may also apply attachments of assets.
1. What is the general nature and effect of judicial measures
available for plaintiffs to obtain provisional relief affecting
property of debtors to obtain security for judgments to be
obtained (“attachments”)? Freezing property in place? Placing
it in the custody of a third party, such as a court official, sheriff
or marshall?
Both Codes stipulate that the court basing on the motion of persons,
participating in procedure, as well as on his own initiative, can take
measures to secure the claim. These measures allow the claimant to
obtain temporary relief against the property of a debtor. This is a
completely procedural measure, which does not have anything in
common with alienation of property of a debtor. A debtor preserves his
rights on this property, however his rights to use or dispose the asset
are restricted by court’s order. These are the measures to secure the
future enforceability of court’s decision, and to secure the property
interests of the claimant. The attachments may be both in the form of
freezing property in place and placing it in the custody of a third party.
Both Codes stipulate the right of the court to decide what king of
attachment to apply. The lists of attachments, provided by the Codes
are not exhaustive.
Mikalai Markounik, Senior associate, Vlasova Mikhel & Partners Law firm, Belarus
