Swiss Court Judgments in Belarus: Recognition and Enforcement Under the 2026 CPC

You have a Swiss court judgment against a Belarusian debtor. The debtor has assets in Minsk or elsewhere in Belarus. Now what? Can you enforce your judgment directly, or is there a special procedure?

The answer is not straightforward. Unlike arbitral awards, which benefit from the New York Convention of 1958, foreign court judgments face a more complex path to enforcement in Belarus. For judgments from Switzerland – a country with which Belarus has no bilateral legal assistance treaty – the situation is particularly challenging.

This guide walks you through the legal framework under the new Civil Procedure Code (CPC) that came into force in Belarus on January 1, 2026, and explains what creditors need to know when seeking to enforce Swiss court decisions.

The Fundamental Distinction: Court Judgments vs. Arbitral Awards

Before diving into procedures, one distinction matters above all others. Belarusian law treats foreign court judgments and foreign arbitral awards very differently.

Arbitral awards enjoy a relatively straightforward path to enforcement. Belarus is a party to the 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards. This means that if you have an arbitration award from Switzerland (for example, from the Swiss Arbitration Centre or an ad hoc arbitration seated in Geneva), you can seek its recognition and enforcement in Belarus based on the Convention, regardless of whether Belarus has a separate treaty with Switzerland.

Foreign court judgments operate under a different, more restrictive regime. Under the new CPC, which unified the previously separate Civil Procedure Code and Economic Procedure Code, decisions of foreign courts are recognized and enforced in Belarus only if:

• an international treaty between Belarus and the country where the judgment was issued so provides;
• the principle of reciprocity applies;
• an international treaty provides that the foreign judgment does not require a special recognition procedure and is enforced in the same manner as a Belarusian court decision.

For Swiss court judgments, the first and third bases do not apply. Belarus and Switzerland have no bilateral legal assistance treaty covering the recognition and enforcement of court judgments. This leaves only one option: reciprocity.

What Does Reciprocity Mean in Practice?

Reciprocity means that a Belarusian court will enforce a Swiss judgment only if it is satisfied that Swiss courts would enforce a Belarusian judgment under similar circumstances.

This is not automatic. Under Belarusian law, reciprocity must be proven. The party seeking enforcement must provide evidence that Swiss courts recognize and enforce judgments from Belarusian courts.

In practice, this creates significant challenges:

• Expert legal opinions required.You need to obtain opinions from Swiss law practitioners confirming that Swiss courts do in fact enforce Belarusian judgments.
• Case law evidence.Presenting actual cases where Swiss courts recognized Belarusian judgments significantly strengthens your application.
• Discretionary assessment.Belarusian courts evaluate reciprocity evidence on a case-by-case basis. Even with strong evidence, there is no guarantee of success.

The “Unfriendly” Jurisdictions Issue: A Critical Obstacle

Since 2022, Belarus has imposed restrictive measures that significantly affect enforcement of judgments from certain countries. Under Edict of the Republic of Belarus No. 137 dated April 7, 2022, enforcement of all writs of execution issued in favor of residents of “unfriendly” countries is suspended.

Switzerland is on the list of “unfriendly” countries under this edict. The list includes EU member states, the United States, Canada, the United Kingdom, Australia, and – notably – Switzerland.

What this means in practice:

• The very procedure of recognition and enforcement of Swiss court judgments is not prevented by this edict. You can still file an application with a Belarusian court.
• However, even if the court recognizes your Swiss judgment and issues a writ of execution, enforcement proceedings will be suspended.
• Banks and other financial institutions are not allowed to accept payment requests on writs of execution filed by residents of unfriendly countries without the payer’s consent.

This suspension effectively blocks the practical enforcement of Swiss judgments in Belarus for as long as the edict remains in force. The edict was adopted as a countermeasure to sanctions imposed on Belarus by these countries.

The 2026 Civil Procedure Code: What Has Changed?

Since January 1, 2026, Belarus has operated under a new Code of Civil Procedure (CPC), which replaced the previous Civil Procedure Code and Economic Procedure Code. Chapter 51 of the CPC now governs international civil procedure, including the recognition and enforcement of foreign judgments and arbitral awards.

Key changes introduced by the CPC:

The CPC also introduced the concept of “non-working days” for calculating procedural deadlines, which affects how time limits are computed.

What Documents Are Required for Enforcement?

If you decide to pursue recognition of a Swiss court judgment in Belarus, you must prepare the following documents. The requirements are set out in the CPC and related legislation:

For documents originating from Switzerland, which is not a party to the Hague Convention Abolishing the Requirement of Legalisation for Foreign Public Documents, a consular legalization or apostille is required. Switzerland acceded to the Hague Apostille Convention in 1999, so an apostille from the competent Swiss authority should suffice for documents issued by Swiss courts.

Grounds for Refusal: When Enforcement May Be Denied

Article 532 of the CPC (or corresponding provisions in the new code) sets out the grounds on which a Belarusian court may refuse recognition and enforcement of a foreign court judgment . For Swiss judgments, these include:

The Three-Year Limitation Period

Under Belarusian law, there is a three-year limitation period for presenting a foreign judgment for enforcement. This period runs from the date the judgment entered into legal force in Switzerland.

Missing this deadline is fatal – courts cannot restore it. Creditors who delay enforcement in the hope of voluntary payment often find themselves barred by prescription.

Practical Steps for Seeking Recognition of a Swiss Judgment

If you decide to pursue recognition of a Swiss court judgment in Belarus despite the challenges, here is what you need to do:

Step 1. Obtain reciprocity evidence. Gather expert legal opinions from Swiss law practitioners confirming that Swiss courts enforce Belarusian judgments. This is essential for proving reciprocity.

Step 2. Prepare the required documents. Obtain certified copies of the judgment, proof of entry into legal force, proof of service, and certified translations into Russian or Belarusian.

Step 3. File an application with the competent court. The application must be filed with the economic court of the region where the debtor is located or where the debtor's property is situated.

Step 4. Pay the state fee. The fee is calculated based on the amount claimed.

Step 5. Await the court’s decision. The court will review your application and determine whether to recognize the Swiss judgment. The review period is generally one month.

Step 6. If recognized, proceed to enforcement. However, due to the “unfriendly” countries edict, enforcement proceedings will likely be suspended.

Special Considerations for Sanctions and “Unfriendly” Status

The edict suspending enforcement of writs of execution in favor of residents of “unfriendly” countries is a critical obstacle for Swiss creditors. This suspension applies regardless of whether the Belarusian court recognizes the Swiss judgment.

Practical implications:

• The recognition procedure itself is not blocked. You can still obtain a Belarusian court ruling recognizing your Swiss judgment.
• However, actual enforcement – receiving money from the debtor – is suspended.
• The suspension may be lifted if the political situation changes or if Belarus removes Switzerland from the “unfriendly” list.

For creditors, this means that seeking recognition may be a strategic step to preserve rights, but immediate recovery of funds is unlikely.

What About the Reverse? Enforcing Belarusian Judgments in Switzerland

The reciprocity principle works both ways. For a Swiss creditor seeking to prove reciprocity before a Belarusian court, it is helpful to demonstrate that Belarusian judgments have been enforced in Switzerland.

Switzerland is a party to the Lugano Convention of 2007, which governs the recognition and enforcement of judgments between EU member states and Switzerland, Iceland, and Norway . However, Belarus is not a party to the Lugano Convention.

Switzerland also has bilateral treaties on judicial assistance with several countries, but not with Belarus. According to the Baker McKenzie Cross-Border Enforcement Center, Switzerland has bilateral agreements for enforcement of judgments with Afghanistan, Albania, Algeria, Bosnia and Herzegovina, Montenegro, Cuba, Georgia, Kyrgyzstan, Mongolia, Northern Macedonia, the People's Republic of Korea, Russia, Syria, Tunisia, Ukraine, Uzbekistan, Vietnam, and several Brussels/Lugano regime countries . Belarus is not listed among these countries.

This means that enforcement of Belarusian judgments in Switzerland is also not guaranteed by treaty and would depend on proving reciprocity under Swiss law.

Comparison: Treaties Belarus Does Have

For context, Belarus has bilateral legal assistance treaties with a limited number of countries, primarily from the post-Soviet space. The Minsk Convention of 1993 and the Chisinau Convention of 2002 cover countries such as Russia, Ukraine, Kazakhstan, and others.

Switzerland is not a party to these conventions, and there is no bilateral treaty between Belarus and Switzerland on judicial assistance.

Practical Recommendations for Swiss Creditors

If you hold a Swiss court judgment against a Belarusian debtor, consider the following:

• Consider arbitration for future contracts.If you are negotiating contracts with Belarusian partners, include an arbitration clause. Arbitral awards benefit from the New York Convention and are not subject to the “unfriendly” countries suspension in the same way as court judgments.
• Seek recognition to preserve rights.Even if immediate enforcement is suspended due to the edict, obtaining a Belarusian court ruling recognizing your Swiss judgment may be worthwhile to preserve your rights and prevent the limitation period from expiring.
• Gather reciprocity evidence early.If you intend to seek recognition, obtain expert opinions from Swiss law practitioners confirming reciprocity before filing.
• Ensure proper service in the original proceedings.One of the most common grounds for refusal is lack of proper notice to the debtor. Make sure the Swiss proceedings included legally valid service that will be recognized in Belarus.
• Work with local counsel.The Belarusian recognition process requires familiarity with the new CPC, which took effect in January 2026. Local lawyers understand the practical requirements and can help avoid procedural mistakes.
• Monitor the “unfriendly” countries list.The suspension of enforcement may be lifted if political conditions change. Stay informed about developments in Belarus’s sanctions policy.

Conclusion

Enforcing a Swiss court judgment in Belarus is possible in principle under the reciprocity principle, but the path is narrow and currently blocked in practice due to the “unfriendly” countries edict.

Under the new 2026 CPC, the procedure for recognition has been modernized with electronic filing and clarified document requirements. However, the fundamental legal structure remains unchanged: without a bilateral treaty, reciprocity is the only route.

For Swiss creditors, the most practical approach is to:

• consider arbitration for future contracts with Belarusian parties;
• seek recognition of existing judgments to preserve rights;
• work with experienced local counsel;
• monitor the political situation regarding the “unfriendly” countries list.

If you are still in the contract negotiation phase, adding an arbitration clause to your agreement can transform a complex enforcement challenge into a manageable procedure under the New York Convention.

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