Agreement between the Republic of Belarus and Russian Federation on procedure for mutual execution of court resolutions of economic courts of the Republic of Belarus and Arbitration Courts of the Russian Federation
of January 17, 2001
The Republic of Belarus and the Russian Federation which are hereinafter referred to as by the Parties
based on the Agreement on procedure for the dispute resolution, connected with implementation of economic activity, of March 20, 1992 (hereinafter referred to as by the Agreement of 1992) and the Agreement on creation of Economic union of September 24, 1993,
for the purpose of implementation of the Agreement on creation of the Union State of December 8, 1999 and the Agreement between the Republic of Belarus and the Russian Federation on creation of equal conditions to subjects of managing of December 25, 1998,
recognizing need for interests of development of economic cooperation to provide free execution of court resolutions of competent courts of one Party in the territory of other Party and considering that this agreement extends only on business entities of the Republic of Belarus and the Russian Federation,
agreed as follows:
Court resolutions of competent courts of the Parties do not need the special procedure of recognition and court resolutions of courts of the state based on executive documents of the courts which made decisions are performed in the same procedure, as.
Competent courts are understood as economic courts of the Republic of Belarus and Arbitration Courts of the Russian Federation which have the right to consider disputes according to rules, stipulated in Clause 4 Agreements of 1992.
The executive documents signed by the judge and sealed official competent court are represented in Russian and do not require legalization.
The executive document for money recovery goes the claimant directly to bank or other credit institution serving the debtor if the claimant has data on the accounts of the debtor which are available there and on availability of money on them. The bank or other credit institution based on the executive document makes write-off of the awarded amount from the account of the debtor in the same procedure, as in case of receipt of the specified documents from the organization which is with such bank or credit institution in the territory of one state.
If the claimant has no such data or on the account of the debtor not enough means for repayment of all awarded amount of debt, and also in other cases, the executive document goes the claimant (or on its specifying by bank or other credit institution) to the legal executive (the judicial police officer-contractor) for execution according to the legislation of the Party in the territory of which it is necessary to make execution.
Matters of argument which can arise in connection with interpretation of provisions of this agreement are subject to settlement by consultations and negotiations between the Parties.
This agreement becomes effective from the date of the last written notice of accomplishment of the interstate procedures by the Parties necessary for its entry into force.
Changes and additions can be made to this agreement by mutual consent of the Parties.
Each of the Parties can stop this agreement by the direction of the written notice to other Party. In this case the Agreement stops in the first day of the month following after six months after the date of receipt by one Party of the notification of other Party.
It is made in Moscow on January 17, 2001 in duplicate, everyone in the Belarusian and Russian languages, and both texts are equally authoritative.
For the Republic of Belarus
For the Russian Federation
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