'Legalization' of a Russian court decision in Belarus. Three enforcement procedures

The Russian Federation and the Republic of Belarus are actively developing cooperation, so the process of recognition and execution of documents is not so long and complicated compared to other foreign jurisdictions. However, it is important to comply with the procedural order of Belarus, which depends on the type of executive document issued by the Russian authorities. In this case, as a general rule, it must first be recognized, and then the execution procedure must begin.

Direct execution applies only to enforcement documents issued by arbitration courts of the Russian Federation. A simplified process or exequatur can be used for documents issued by courts of general jurisdiction of the Russian Federation, writs of execution by a notary, judicial acts and acts of other bodies and officials in cases of administrative offenses. This procedure is also suitable for decisions of a bailiff or FSSP, as well as mediation agreements or copies thereof, certified by a notary. Another procedure exists for the recognition and execution of judicial acts of Russian international arbitration courts. It can be applied to decisions of the International Commercial Arbitration Court at the Chamber of Commerce and Industry, the Maritime Arbitration Commission at the Chamber of Commerce and Industry and other arbitration courts that operate in Russia. Let us remind you that in accordance with Part 13 of Article 52 of the Federal Law of December 29, 2015. No. 382-FZ “On Arbitration (Arbitration Proceedings) in the Russian Federation” (hereinafter referred to as the Law on Arbitration) from November 1, 2017, to administer arbitration, it is necessary to have the right to exercise the functions of a permanent arbitration institution. Two arbitration institutions are granted this right by the Arbitration Law; in other cases, this right is granted by an act of the Government of the Russian Federation.

In the article we will analyze each procedure for recognition and execution in more detail, and also consider the grounds for refusal and other nuances of the procedure.

Read moreHere.

Authors:Alexander Korsak, partner and head of the Dispute Resolution practice and Angelina Parmanchuk, junior lawyer, GRATA International, Belarus