Enforcing Serbian court decisions in Belarus: legal framework and step-by-step process

Recognition of a Serbian court decision in Belarus is a legal procedure that allows a creditor who obtained a judgment in Serbia to enforce it against a debtor located or having assets in Belarus. Since court rulings do not automatically produce effects across borders, the successful applicant must obtain a permission for enforcement from a Belarusian economic court. The legal basis for such recognition is the Agreement between the Republic of Belarus and the Republic of Serbia on Legal Assistance in Civil and Criminal Matters of 12 March 2013, which entered into force on 19 December 2013. Under Article 28 of the Agreement, Belarus recognizes and enforces final and enforceable judgments in civil (including commercial) matters, as well as settlements approved by a court and decisions on civil claims within criminal proceedings. For Belarusian businesses, this treaty provides a predictable path to recover debts or enforce contractual obligations against Serbian counterparties, provided the statutory conditions are strictly observed. 

What bilateral treaty governs recognition between Belarus and Serbia?

The key international instrument is the 2013 BelarusSerbia Legal Assistance Agreement. Article 28 defines “court decisions” broadly to include judgments in civil and commercial cases, courtapproved settlements, and decisions on civil claims in criminal matters. Article 29 sets out the exhaustive conditions for recognition and enforcement:

• the decision must have entered into force and be enforceable in the country where it was rendered;
• the case must not fall within the exclusive jurisdiction of the requested state (Belarus);
• the defaulting party must have been duly and timely notified of the proceedings according to the law of the state where the judgment was issued;
• no final judgment between the same parties on the same subject matter exists in Belarus, nor a recognized judgment from a third state;
• no proceedings between the same parties on the same subject matter are pending in Belarus;
• recognition does not contradict public policy of Belarus;
• the statute of limitations for enforcement under Belarusian law has not expired.

Under Article 30, the application for recognition and enforcement is submitted either directly to the competent economic court in Belarus or to the court that rendered the decision in Serbia, which then forwards it through central authorities. The central authorities under Article 4 are: for Belarus – the Supreme Court of the Republic of Belarus (for civil and commercial matters) and the Ministry of Justice; for Serbia – the Ministry of Justice and State Administration. 

Which Belarusian court handles recognition applications?

In Belarus, since 1 January 2026, civil and commercial procedure is governed by the Code of Civil Procedure (CCP). Article 45 of the CCP vests jurisdiction over petitions for recognition and enforcement of foreign court decisions in the economic courts of the regions (oblasts) and the city of Minsk, depending on the debtor’s location or the location of the debtor’s assets. If the debtor is a legal entity registered in Belarus, the application is filed with the economic court at the debtor’s registered address.

The procedure is considered within the framework of separate proceedings (special proceeding) without a full-scale dispute. The court examines whether the conditions of the bilateral agreement are met, but does not review the case on the merits. The refusal may be appealed to the Economic Court of Appeal in accordance with the appeal rules established in the CPC (Chapter 55). 

What documents must accompany the application and what are the state fees?
The application must comply with Article 530 of the CCP (which governs the content of a petition for recognition and enforcement) and the requirements of the bilateral treaty. The required documents include:

• a petition for recognition and permission for enforcement;
• the original or a certified copy of the court decision (or settlement), together with proof that the decision has entered into force and is enforceable;
• evidence that the defaulting party was duly and timely notified of the proceedings;
• a certified translation of all documents into Belarusian or Russian (the official languages in Belarusian courts).

The state fee for filing a petition for recognition and enforcement of a foreign court decision is set out in Appendix 15 to the Tax Code of the Republic of Belarus. As of 2026, the fee is 10 base amounts (one base amount is BYN 45 as of 1 January 2026, thus BYN 450; approximately 132 euros). The fee is paid before filing and the receipt must be attached to the application. 

What are the typical timelines and what to expect after filing?

The CCP sets a specific deadline for the recognition procedure. According to Article 531(1), the petition for recognition and enforcement (or an objection to recognition) must be considered in a court hearing within no more than one month after its receipt by the court. The economic court reviews the application in a court session; the debtor is notified of the time and place of the hearing, but their failure to appear does not prevent the examination of the case (Article 531(2)). If the court grants the petition, it issues a ruling allowing enforcement. That ruling itself becomes an enforceable document. The creditor may then initiate compulsory execution proceedings through a bailiff under the rules of the CCP and the Law on Enforcement Proceedings. If the court denies recognition, the applicant may file an appeal within 15 days after receiving the ruling (CCP Article 559). 

Can a Serbian judgment be enforced directly without recognition?

No. A foreign judgment has no direct effect in Belarus. The recognition procedure is mandatory before any compulsory execution against Belarusian assets or a Belarusian debtor. However, Belarus and Serbia have no mutual requirement of reciprocity beyond what is already secured by the bilateral Agreement. Once recognized, the Belarusian court’s ruling serves as the basis for enforcement measures such as seizure of bank accounts, attachment of receivables, or foreclosure on real estate.

Is there public statistics on the success rate of such applications?

Systematic aggregated statistics on recognition of Serbian judgments in Belarus are not published in open sources. However, the consistent application of the 2013 Agreement and the clear checklist in Article 29 of that treaty make the process largely predictable. Refusals occur almost exclusively for procedural shortcomings: missing or incorrect translations, failure to prove proper notification of the absent party, or expired limitation periods. In practice, when the applicant presents a complete set of duly apostilled (if applicable) and translated documents with clear evidence of finality and proper service, Belarusian economic courts generally grant recognition. The presence of the bilateral treaty eliminates reciprocity checks and narrows the grounds for refusal.

What practical advice should a business follow?

Based on the legal framework and common mistakes, a Serbian company seeking to enforce a Serbian court decision should:

• Ensure proper service in the original Serbian proceedings.Proof of timely notification to the Belarusian party is mandatory (Article 29(3) of the treaty). Service by publication or informal methods may cause refusal.
• Obtain a complete set of certified documents.The decision must be final. A certificate of enforceability from the Serbian court (potvrda o pravosnažnosti i izvršnosti) is essential.
• Use certified translation.All documents must be translated into Belarusian or Russian by a sworn translator. The translation must be stapled to the originals and the translator’s signature notarized if required by the court.
• Calculate the correct state fee.The fee is 10 base amounts.
• File with the correct economic court.The application goes to the economic court of the region where the debtor is registered or where its assets are located. Filing a petition in the wrong court will result in it being returned to the applicant.
• Prepare for the possibility of an appeal.The debtor may file an objection within the 15-day appeal period. Having all evidence (especially proof of service and translation) readily available allows the creditor to respond promptly.

What happens if the debtor files an appeal?

If the debtor believes that the conditions of recognition have not been met, he may appeal the decision of the economic court to the Economic Court of Appeal (Article 534 of the CCP). The appeal must be filed within 15 days after the ruling is issued (CCP Article 559). The appellate instance reviews the case on the basis of the existing materials and may uphold, reverse, or modify the ruling. In practice, appeals rarely succeed unless the first instance court clearly misapplied the treaty conditions.

How can we help you?

For Belarusian companies, the recognition and enforcement of Serbian court decisions is a wellstructured procedure anchored in a bilateral treaty and the CCP. While the process requires meticulous attention to documentation and translation, the legal framework leaves little room for substantive refusal if the formal conditions are met.

Law firm ‘Economic Disputes’ has been working with B2B clients since 2019. The team of 15 lawyers, with 15–25 years of experience each, handles crossborder enforcement and international judgment recognition. Managing partner Sergei Beliavsky served as an economic court judge for 10 years, is a recommended arbitrator at the IAC under the BelCCI, and has authored over 2,000 publications and five books. The firm includes four mediators and operates its own arbitral institution ‘Economic Disputes’. Over 2,000 clients have trusted us to resolve their disputes, and as a result, we have recovered or saved over €573 million. The firm maintains an account with PKO Bank Polski, enabling smooth crossborder payments. Offices are located in Minsk (Kulman St. 11) and Grodno (Kaliuchynskaya St. 23).

If your business needs legal support for recognition of a Serbian court decision in Belarus, leave a request – we will propose a realistic action plan tailored to your case.