Writ proceedings

Writ proceeding is the issuing of the ruling on writ by the economic court without summoning the parties according to the application of the claimant.

In writ proceedings the following claims are considered: claim for the recovery against monetary funds, for reclamation of property or recovery against property which are of uncontestable character (based on documents proving the debt of the debtor) or recognized (not contested) by the debtor, but are not fulfilled, or declared at amount up to (not exceeding) one hundred units of account (10 million rubles).

The following claims are not subject to consideration in writ proceedings:

-recovery of the owner, other lawful possessor against immovable property;

-claims to execute indemnity bond;

-claims on the performance of an obligation arising from the contract of the assignment or transfer of debt.

According to the claims, which are acknowledged (not contested) by the debtor, but not satisfied, the claimant (applicant) must attach evidence supporting the facts on which the claim is based (the contract, bills of lading, statements, invoices, waybills, etc.), documents confirming acknowledgement (not contesting) the amounts owed by the debtor.

Claims, sent/directed to the debtor, received by him/her and left unanswered, an act of reconciliation of calculations, the answer to the claim , bill of debt/ promissory note, accepted payment order or other document issued in accordance with the legislation and signed by an authorized person.

The ruling of the economic court on a writ is a writ document and is enforced in accordance with the procedure prescribed for the enforcement of court decisions.

Key contact

Vasiliy Volozhynets
attorney, managing partner
T: +375 17 2190065
F: +375 17 2190067
M: +375 29 6761380