On the Execution of an Enforcement Endorsement
As of 10.08.2015, Decree of the President of the Republic ofBelarus No. 195 of 07.05.2015 "On Amendments and Additions to theDecrees of the President of the Republic of Belarus" came into force, which amendedthe provisions of Decree of the President of the Republic of Belarus No. 366 of 11.08.2011"On Certain Issues of Notarial Activity" (hereinafter -Decree No.366).
In particular, the list of cases when notaries, in compliance with the procedure and conditions stipulated by legislative acts, execute enforcement endorsements for collection, established by part 1 of paragraph 1 of Decree No. 366, has been significantly expanded.
Thus, as of 10.08.2015, in accordance with Decree No.366,notaries execute enforcement endorsements for the collection of:
- debt under rental agreements, lease of movableproperty, provided that the rent is determined in
fixed amountof payments made periodically or in a lump sum, for the provision oftelecommunication services, penalties (fines, late payment interest) in connection with such debt,if its payment is provided for by law or contract;- upon a claim based on a credit agreement, otheragreement containing essential terms of a credit agreement,debt, penalties (fines, late payment interest) in connection with suchdebt, if its payment is provided for by law orcontract;
- debt for housing and utility services andrent for the use of residential premises, penalties in connection with suchdebt;
- debt for rent for non-residential premises inbuildings owned by the state andowned by legal entities (individual entrepreneurs);
- debt for consumed electricity,water, heat energy, gas, incurred during the use ofnon-residential premises, buildings, penalties (fines, late payment interest) in connection with suchdebt, if its payment is provided for by law orcontract;
- upon claims of legal entities (individualentrepreneurs) regarding debts under contracts of sale,supply, contract work, transportation, paid services, storage,penalties (fines, late payment interest) in connection with such debt, if itspayment is provided for by law or contract, acknowledged by thedebtor in writing.
All the above-mentioned claims as of 10.08.2015apply to cases of debt formation by bothindividuals and legal entities(individualentrepreneurs).
In accordance with the rules of paragraph 2 of Decree No. 366, claims for the recovery of monetary amounts (debt), provided for in part 1 of paragraph 1 of the Decree, are not subject to consideration by courts under writ proceedings. The recovery of monetary amounts (debt) in such cases is carried out by making an enforcement endorsement, which is an enforcement document and is subject to enforcement in the manner established by law.
Deputy Prosecutor
of Beshenkovichi District
Class 2 Lawyer Doylidov V.V.