Interim Measures in Judicial Proceedings in Belarus

1) What conditions must be met for the application of interim measures in Belarus?

Application of interim measures is allowed at any stage of court proceedings, if failure to take such measures may complicate or make impossible the execution of the court decision (Article 113 of the Economic Procedural Code).

The Economic Court shall consider the issue of application of interim measures on the basis of the Claimant's application. 

2) What types of interim measures can be applied by Belarusian courts?

Interim measures may be taken as:

1. seizure of real estate or other property belonging to the defendant and held by him or other persons;
2. seizure of monetary funds on accounts in banks and (or) non-bank financial institutions;
3. prohibiting the defendant from performing certain actions;
4. imposing an obligation on the defendant to perform certain actions;
5. suspension of recovery under an enforcement document in case of filing a claim to recognize such documents as unenforceable;
6. suspension of the realization of property in the event of a claim to release it from seizure;
7. temporary restriction of the right of a citizen or individual entrepreneur who is a defendant to leave Belarus;
8. other measures provided for by Belarusian procedural legislation.

It is allowed to apply for several interim measures at the same time (part 2 of article 116 of the CCP). However, in such a case it is necessary that they should be commensurate with the claimed claims.

3) What documents and evidence are required to file a motion for interim measures?

Belarusian procedural legislation does not provide for a specific list of documents and evidence, the submission of which is a sufficient basis for the court to take interim measures.

The Claimant may submit any evidence confirming that failure to take interim measures against the Respondent may make it difficult or impossible to execute the court decision. For example, the Claimant may submit information about the Defendant's actions aimed at alienation of property or evasion from debt repayment, etc.

4) How long do interim measures last in Belarus?

Interim measures shall remain in force until they are lifted.

The Claimant has the right to file a request to the court to cancel interim measures.

Also the economic court has the right, upon the adoption of a court decision on the results of consideration of the case or after its adoption, to make a decision to cancel the previously established interim measures.

5) Can interim measures be appealed in Belarus?

The judgment of the economic court on application of interim measures may be appealed by filing an appeal within 15 working days to the appeal instance of the economic court of the region (Minsk city), which issued the relevant judgment.

Judgments of the economic court on cancellation of interim measures may not be appealed.

Author: Lizaveta Tsianiuta