It’s not enough to win litigation: court marshal should be forced to execute court judgement

by ganna
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The Sovietsky District Court of Minsk has ruled to collect from the “CleanMe” LLC BYN 1403 in favour of Yuri Vashkevich, and BYN 410.21 – in favour of his brother, Igor Vashkevich. However, none have yet received the money.

In 2019, the brothers worked for the above LLC under one-time labour contracts, but the employer failed to pay them their salaries. Yuri and Igor turned for legal assistance to the REP Trade Union.

With the help Yuri Belyakov, a union lawyer, the brothers filed a lawsuit. The above court took the side of the former employees of the “CleanMe” LLC, and on April 14 passed a judgement.

However, the employer still has not paid its employees their rightly earned money. Why? It turns out that everything is simple: K. Rubanik, the head of the court marshals’ division of the Sovietsky District Court of Minsk, has decided to return the executive order to the claimants. “The debtor has no money and (or) other property that can be seized,” this was his explanation.

In Belarus, winning a labour dispute is not enough – you then need somehow to force a court marshal to execute it. Therefore, Yuri Vashkevich has challenged the decision of the above K. Rubanik and directed his application to the Public Prosecutor of the Sovietsky District of Minsk (a copy went to the Presidential Administration).

“I treat the decision as unjustified. The court marshal has failed to use all the measures prescribed by the law for enforcing the judgement. The LLC Director has not been restricted in his travels outside Belarus; his phone has not been blocked, and he is not limited in his right to drive his car. Therefore, the above Rubanik has unreasonably decided to stop the enforcement procedure. I treat it as a failure to fulfil her official duties. She is deliberately violating my civil and procedural rights, and abuses her official duties,” Yuri Vashkevich has stated.