Ratification of the Convention by the Republic of Belarus
The Convention on the International Procedure for the Recovery of Child Support and Other Forms of Family Support (hereinafter referred to as the Convention) was ratified in Belarus on December 28, 2017. Belarus cooperates within the framework of the Convention with a number of states, including Great Britain, Poland, the USA, Slovenia, Brazil, Portugal, Romania, Finland and other countries. The Convention entered into force for the Belarusian state on June 1, 2018.
General content of the Convention: protection of the rights of the child
The states that have signed the Convention proceed from the fact that the interests of children are a priority for states, and every child has an inalienable right to life, education, upbringing, health protection, comprehensive development, other rights and interests.
Every child has the right to spiritual and moral development and education, as well as to receive from parents or from persons responsible for him financial security for a decent living.
The Convention proceeds from the fact that parents (other persons responsible for the child), even if their country of residence differs from the state of residence of the child, are obliged to reimburse the costs of providing the child with a decent standard of living. In other words, each parent, regardless of where he lives, must pay child support.
Terms used in the Convention
The contracting states that have concluded the Convention proceed from the fact that they provide mutual comprehensive assistance to each other, and also support cooperation on international collection of funds for the maintenance of children.
The following terms are used in the Convention:
– “creditor” (this is an individual who has the right to receive funds);
– “debtor” (this is an individual who is obliged to support his children under the age of eighteen);
– “legal assistance” (this is assistance, including legal assistance, which consists in providing one state to another with the necessary information, as well as legal support during litigation, exemption from legal costs in the course of consideration of cases on the recovery of funds for maintenance, etc.). ;
– “agreement on maintenance” (this agreement is a contract in writing regarding the payment of alimony);
– other terms.
Central Authorities in States that have ratified the Convention
The norms of the Convention stipulate that a Contracting State shall designate a Central Authority to carry out the functions assigned by the Convention to the said authority.
Federal States, including the Russian Federation and the United States, have the right to designate more than one Central Authority and at the same time indicate the territory and category of persons to which the competence of these bodies will apply.
In the event of designating more than one Central Authority, the State shall designate the Central Authority to which any communication may be addressed for transmission to the competent Central Authority in that State.
Functions of the Central Authorities
Central Authorities in signatory states have two main functions:
– cooperate with each other to achieve the objectives of the Convention;
– look for all possible ways to resolve issues of international recovery of funds for the maintenance of children
In the Republic of Belarus, as in a unitary state, the functions of the Central Authority are entrusted to the Ministry of Justice of the Republic of Belarus.
Judicial practice of application of the Convention in Belarus
According to the provisions of the Convention, the creditor, i.e. the interested person can submit to the Department for the Execution of International Agreements of the Department of International Cooperation of the Ministry of Justice of the Republic of Belarus a package of documents for the recovery of alimony in the territory of a foreign state.
This package of documents will have legal force, be recognized and executed on the territory of a foreign state. The presence of the creditor, i.e. the individual himself, in a lawsuit in a foreign country is not required.
However, there are exceptions when a country may refuse legal assistance for the international recovery of funds for the maintenance of children. These cases are as follows:
– the execution of documents is contrary to the public order established in a foreign country;
– the defendant (debtor) was not properly notified of the initiation of legal proceedings against him to recover alimony.
In the Republic of Belarus, in accordance with Art. 1 of Appendix 4 to the Civil Procedure Code, judicial decisions of foreign courts are recognized and enforced if it is provided for by an international treaty of the Republic of Belarus.
As an example of judicial practice on the implementation of the Convention, we can cite the consideration of a case on the international recovery of alimony by the Leninsky District Court of the city of Minsk. By a court decision, funds for the maintenance of P.’s son were collected from citizen K. in favor of I.’s ex-wife. In view of the fact that K. lived in the Russian Federation, the Belarusian court sent a competent petition to the Russian court for the recognition and execution of the decision of the Leninsky District Court of the city of Minsk on recovery of alimony from the former spouse K., as well as the state fee and court costs.
On the territory of the Republic of Belarus, requests received under the Convention are considered only in terms of recognition and enforcement of a decision already made by a foreign court on the recovery of alimony.
