They Want To Take Confiscate The Only Housing Of Citizens For Debts In Belarus

• 3.01.2024, 10:33

The lawyers explained what this might look like in practice.

In 2024, Belarus is expected to change the laws on enforcement proceedings. To relieve the courts and simplify the debt collection procedure, the authorities want to expand the powers of bailiffs. The lawyers explained to DW what this might look like in practice.

What changes can be accepted?

It is expected that a bill will be submitted to the Belarusian parliament in the autumn of 2024, according to which it is proposed to expand the powers of bailiffs. Thus, they will be able to restrict travel abroad to citizens who have unpaid debts, as well as the export of vehicles by such persons. So far, these issues are in court jurisdiction.

In addition, the authorities want to allow bailiffs to recover as compensation the debtor's only housing, followed by the provision of living space that will be either smaller or worse. If after repayment of the debt, purchase of new housing of lower quality and payment for the services of bailiffs there is money left, the owner is promised to receive the rest of this money back.

Technical changes in the work of bailiffs are also planned. For example, notification of debtors via SMS and instant messengers. Specialists already use such tools, but the authorities want to consolidate this at the legislative level.

Hasn't the only apartment been taken for debts before?

Lawyer Yuliya Levanchuk notes that such a practice exists only in the case of "chronic" utility debtors. The same responsibility threatens persons who were brought to justice three times during the year for violating the peace of neighbours, restricting their rights and legitimate interests by their actions.

If the court agrees with the applicant's arguments, the apartment owner is given a year to repay the debt or eliminate violations. If the claim is ignored, the apartment can be put up for public auction, as well as deduct the amount of debt.

"In practice, after six months, almost no one was evicted," Levanchuk clarifies. “Usually a large debt was accumulated, and there were simply no other opportunities for recovery. The procedure itself is quite long and costly for the state – this is the work of bailiffs, and the selection of other housing. If children are registered in the apartment, this further complicates the solution of the problem."

How will the only apartment be confiscated?

According to Yulia Levanchuk, it can already be assumed that there will be difficulties with the seizure of apartments from debtors who are abroad and do not want to return to Belarus. "Therefore, it is so important that the procedure is described as accurately and in detail as possible: the consumer qualities of the housing, possible area for exchange, what to do if minors or persons with disabilities who are under additional guardianship of the state are registered in the apartment," the source explains.

Will this affect political prisoners? Levanchuk says that the changes may affect any debtor, not just those involved in criminal cases. For example, non-payers on loans. As for the political opponents of the regime, according to the lawyer, the innovation is more likely to affect influential politicians, who are accused of violating multiple articles of the Criminal Code, threatened with absentee courts and millions of lawsuits, and their property has already been arrested.

"If you look at the convicts under Article 342 of the Criminal Code [participation in protests – Ed.], then the majority either have already extinguished the claims – so the accused hope for a mitigation of punishment – or we are talking about insignificant amounts that cannot be correlated with the price of the apartment,” says the lawyer. “I believe that the bulk of political prisoners will not be affected by the innovation. As for those who left the country, so far absentee courts have not used so much. And for confiscation [of housing – Ed.] still requires a court verdict that has entered into force. However, even here, specialists should be guided by the proportionality of the debt and the value of the property.”

Are the functions of the court transferred to bailiffs?

A lawyer deprived of a license in Belarus, on condition of anonymity, in a comment to DW spoke skeptical about the idea of expanding the powers of bailiffs, because this would increase the burden on them.

"Even the Ministry of Justice admits that one of the key problems of the service is work overload, and a large turnover of personnel," the source adds. “The work of bailiffs is still causing a lot of complaints. They can not simply compare the documents quite often, and they report that it is necessary to repay the debt, when the citizen has long paid off. And now they are offered to transfer, in fact, the functions of the court."

At the same time, the experts interviewed by DW admit that in cases of restriction of travel abroad or export of vehicles, legal proceedings are now being held formally, and almost always the courts in Belarus agree with the requirement to introduce such bans.

The practice of eviction for debts on utility bills looks different. For example, in 2021, the courts of Minsk satisfied only a third of such claims.