Can a foreign judgment be enforced in Russia?

Yes, where an international treaty between Russia and the state of the judgment provides for it. Without a treaty, the prospects depend on court practice and are assessed separately. In every case the court checks that the judgment is final, that the parties were notified and that no ground for refusal applies.

What is the deadline to apply?

A foreign judgment may be presented for enforcement within three years of the date it became final. The court may restore the period if it was missed for a valid reason.

Why might a court refuse?

Grounds for refusal include, in particular: the judgment is not final; the party was not given timely and proper notice of the proceedings; the case falls within the exclusive jurisdiction of Russian courts; a Russian judgment already exists in the same dispute between the same parties; enforcement would conflict with Russian public policy; or the enforcement period has expired.

Practice area

Recognition and enforcement of foreign judgments

Recognition and enforcement in Russia of judgments of foreign courts, and assessment of the prospects of using Russian judgments abroad.

When a foreign judgment is recognised in Russia

Foreign court judgments are recognised and enforced in Russia where this is provided for by an international treaty of the Russian Federation (Chapter 45 of the Code of Civil Procedure; for commercial disputes, Chapter 31 of the Arbitrazh Procedure Code). Without a treaty, the prospects depend on court practice, including on reciprocity, which remains inconsistent — so they are assessed separately for each country. Foreign commercial arbitral awards follow separate rules, including the 1958 New York Convention, to which Russia is a party.

Time limits

A foreign judgment may be presented for enforcement within three years of the date it became final. A court may restore the period if it was missed for a valid reason.

Judgments that need no enforcement

Judgments that require no enforcement — for example, divorce decisions — are in some cases recognised in a simplified procedure or without further proceedings. Money judgments and other judgments that require enforcement need a court procedure.

When this applies

There is a foreign judgment for payment of money

A foreign decision on children or maintenance must be enforced

A divorce was granted abroad

A foreign arbitral award must be enforced

A Russian judgment needs to be used abroad

What the lawyer does

Checks for a treaty and the prospects of recognition

Analyses possible grounds for refusal

Prepares the application and the document package

Arranges apostille, legalisation and translation

Supports the procedure and subsequent enforcement

What to have ready

A certified copy of the foreign judgment

A document confirming that the judgment is final

Proof that the party was duly notified

A document on enforcement or non-enforcement of the judgment

A certified translation into Russian

Where it usually goes wrong

No treaty with the country of the judgment

Missing the three-year enforcement period

Improper notice to a party in the foreign proceedings

Conflict with Russian public policy

FAQ

Questions and answers

Can a foreign judgment be enforced in Russia?: Yes, where an international treaty between Russia and the state of the judgment provides for it. Without a treaty, the prospects depend on court practice and are assessed separately. In every case the court checks that the judgment is final, that the parties were notified and that no ground for refusal applies.
What is the deadline to apply?: A foreign judgment may be presented for enforcement within three years of the date it became final. The court may restore the period if it was missed for a valid reason.
Why might a court refuse?: Grounds for refusal include, in particular: the judgment is not final; the party was not given timely and proper notice of the proceedings; the case falls within the exclusive jurisdiction of Russian courts; a Russian judgment already exists in the same dispute between the same parties; enforcement would conflict with Russian public policy; or the enforcement period has expired.

Consultation

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