Originally from Attachment of Assets

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Introduction 

There are two major legislative acts regulating attachment of assets of debtor in connection with civil procedures in the Republic of Belarus. On January 1, 2026, the new Code of Civil Procedure (CCP) came into force. It combines the procedural rules of the Code of Civil Procedure (CCP) and the Code of Economic Procedure (CEP), establishing common rules for civil and economic courts while preserving the specifics of the consideration of certain categories of cases. And the Law on Executive Procedure. The CCP defines the general provisions that will apply to the settlement of civil disputes and disputes arising in the course of business and other economic activities, thereby guaranteeing equal judicial protection of the rights and legitimate interests of citizens and business entities. The Law on Executive Procedure regulates enforcement of the order on attachments securing expected future judgments and provide the procedure of securing of the already issued judgments. CCP stipulates the possibility of debtor’s assets attachment. International arbitration court at the Belarusian Chamber of Commerce and Industry based on its arbitration rules may also apply attachments of assets, subject to certain features and unless otherwise provided by the parties’ agreement. 

1. What is the general nature and effect of judicial measures available for plaintiffs to obtain provisional relief affecting property of debtors to obtain security for judgments to be obtained (“attachments”)? Freezing property in place? Placing it in the custody of a third party, such as a court official, sheriff or marshall? 

CCP stipulates that the court based on the motion of persons participating in procedure can take measures to secure the claim. Besides, in case of judicial procedures in common courts measures to secure the claim may be taken by the court based on its own initiative.