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AGREEMENT BETWEEN THE REPUBLIC OF BELARUS AND RUSSIAN FEDERATION

of March 3, 2015

About procedure for mutual execution of court decrees on cases on collection of the alimony

The Republic of Belarus and the Russian Federation which are hereinafter referred to as by the Parties

proceeding from the aspiration to provide to citizens of the Parties free execution of court decrees on cases on collection of the alimony issued by courts of one Party in the territory of other Party,

agreed as follows:

Article 1

For the purposes of this agreement the terms applied in it have the following value:

competent court – court of the Party which according to the legislation of this Party has the right to consider cases on collection of the alimony and to issue the relevant executive documents;

the court decree – the decision, determination on the writ, the writ which is taken out by competent court of the Party according to the legislation of this Party;

executive documents – writ of execution (including about the collection of the state fee and costs connected with consideration of the case), determination about the writ, the writ, issued (taken out) by competent court according to the legislation of this Party.

Article 2

The court decrees on cases on collection of the alimony issued in the territory of one Party do not need the special procedure of recognition and the court decrees issued in the territory of other Party, based on executive documents of competent courts of the Party in the territory of which court decrees were issued are performed in the territory of other Party in the same order, as.

Article 3

1. The executive document based on the statement of the claimant for the direction of the executive document which is subject to execution goes for execution of one Party by authorized body to authorized body of other Party.

The statement of the claimant for excitement of enforcement proceeding addressed to the competent legal executive (the judicial police officer-contractor) of the Party in the territory of which the executive document is subject to execution is attached to the executive document. The surname, name, middle name of the claimant, his nationality, details of the identity document of the claimant, place of residence (the location, the place of stay) of the debtor and the claimant, bank account details of the claimant on which it is necessary to list money, or the address to which it is necessary to transfer money are specified in the statement. The application is signed by the claimant or his representative who encloses to the application the powers of attorney or other document certifying its powers which are drawn up according to the legislation of the Party of pronouncement of the court decree.

2. If the executive document does not contain information described in subitems 1-3 of this Item are also applied to it:

1) the document that the court decree took legal effect and is subject to execution, or the document that the court decree is subject to execution to its introduction in legal force;

2) the document issued by the legal executive (the judicial police officer-contractor) that the executive document did not go (was not shown) to the legal executive (the judicial police officer-contractor) of the Party of pronouncement of the court decree. If the executive document went (was shown) to the legal executive (the judicial police officer-contractor) of the Party of pronouncement of the court decree – the document on the size of debt on the alimony;

3) the copies of documents certified by court from which follows that the defendant (debtor) was timely and it is properly informed on time and the place of consideration of the case. In case of pronouncement of the writ – the copies of documents on the proper notice of the defendant (debtor) on pronouncement of the writ certified by court.

3. Return of the executive document with indication of return reasons is performed by the legal executive (the judicial police officer-contractor) through authorized bodies of the Parties to the legal executive (the judicial police officer-contractor) of other Party. The basis for return of the executive document is:

1) non-presentation of the documents specified in Items 1 and 2 of this Article;

2) the expiration of presentation of the executive document to execution if such term is not recovered by the court which issued the executive document.

4. In case of ambiguity of provisions of the executive document, method and procedure for its execution the legal executive (the judicial police officer-contractor) of the Party in the territory of which the executive document is subject to execution through authorized bodies of the Parties files the lawsuit to the court of the Party which issued this executive document. Application is issued in the form of request about legal assistance according to Appendix to this agreement.

Article 4

The documents provided according to Items 1 and 2 of Article 3 of this agreement are constituted in Russian and exempted from need of their legalization. In case of creation of documents in other language their translations into Russian certified by authorized body of the sending party are applied to them.

Article 5

1. The debtor within 30 days since the moment when he knew of excitement of enforcement proceeding, has the right to file a lawsuit the claim of the Party in the territory of which the court decree, in case of non-compliance with procedure for excitement of enforcement proceeding, stipulated by the legislation the Party in the territory of which execution, and also on the following bases is made shall be performed:

1) according to the legislation of the Party in the territory of which the court decree is issued it did not take legal effect and is not subject to execution, except as specified, when the court decree is subject to execution to the introduction in legal force;

2) the defendant did not take part in judicial session (judicial sessions) because to it or his representative was not timely and the writ of summons is properly handed (provisions of this subitem do not extend to determinations about the writ and writs);

3) on case between the same parties on the same subject and of the same basis in the territory of the Party where the court decree shall be performed, the court decree which took legal effect was already earlier issued or there is earlier recognized court decree of court of the third state or is dealt, initiated on dispute between the same parties on the same subject and of the same bases before initiation of proceedings in foreign court;

4) the executive document is shown without statement of the claimant for excitement of enforcement proceeding or the specified application is not signed by the claimant or his representative;

5) expired and it is not recovered by the court which issued the executive document, term of presentation of the executive document to execution provided by the legislation of the Party of issue of the executive document;

6) in case of pronouncement of the writ – not notice properly according to the procedure, established by the legislation of the Party in the territory of which the writ, the defendant (debtor) about pronouncement of the writ or representation by the defendant (debtor) of objections in the writ in time, stipulated by the legislation the Party in the territory of which it is taken out is taken out;

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