08.10.2024
How to achieve recognition and enforcement of a Russian court decision abroad
In order for the decision of the Russian court to be executed on the territory of another state, it is necessary to go through the procedure of its recognition and ensure the possibility of enforcement.
The international treaties of the Russian Federation on legal assistance provide for a mechanism for recognizing decisions in civil, family and arbitration cases. The recoverer or his representative may apply for recognition and enforcement of the court decision directly to a foreign court or through a Russian court, which considered the case in the first instance. In this case, the Russian court submits the petition to the competent authority of a foreign state.
The following documents are usually attached to the application:
- A copy of the court decision, certified in accordance with the established procedure;
- A document confirming the entry into force of the decision and the possibility of its execution, or confirmation that it is subject to execution before entry into force;
- Confirmation that the defendant was duly notified of the trial if he did not take part in it (if the defendant was present in court, this confirmation is not required);
- Evidence of partial execution of the decision, if any;
- The agreement of the parties, if the case relates to contractual jurisdiction.
The documents are signed by the judge and certified with the stamp of the court.
All documentation must be translated into the official language of the country where recognition of the decision is required, unless otherwise provided by international agreements. For example, for the CIS countries and Georgia, translation is not required.
The package of documents is sent either through the territorial authority of the Ministry of Justice of the Russian Federation, or directly if the claimant collected the documents independently. It is also necessary to specify the address of the debtor abroad and the details of the bank account for crediting the collected funds.
In the absence of an international agreement between Russia and another state, the claimant has the right to apply directly to a foreign court. At the same time, the process of recognition and enforcement will be regulated by the legislation of the relevant State.
YANG CONSULT, a company specializing in international law, is ready to provide comprehensive support in matters of recognition and enforcement of Russian court decisions abroad.
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