Recognition and Enforcement of Foreign Decisions in Russia

If a court or another competent authority has issued a decision abroad but that decision needs to have legal effect in Russia, it is necessary to determine whether and how it can be recognised or enforced in Russia. The applicable procedure depends on the country in which the decision was issued, its subject matter, the existence of an applicable international treaty and the result that needs to be achieved in Russia.

Different types of foreign decisions may be subject to very different rules. For example, a foreign divorce may in certain circumstances be recognised in Russia without separate enforcement proceedings, while a foreign child support judgment normally requires an assessment of whether it can be recognised and subsequently enforced against a debtor or assets located in Russia.

If a foreign court has issued a judgment in a civil or family matter, the first step is to determine whether that judgment can have legal effect in Russia and whether a formal recognition procedure is required. The applicable international treaty, the jurisdiction of the foreign court, the finality of the judgment and compliance with the parties’ procedural rights may all be relevant.

It is also important to distinguish between recognition and enforcement. Where a foreign judgment requires payment of money or the performance of another obligation in Russia, recognition may need to be followed by enforcement under Russian law.

Foreign divorce decisions are subject to specific rules under Russian law. Therefore, the absence of a general treaty on the recognition of judgments between Russia and the country where the divorce took place does not necessarily mean that the divorce will not be recognised in Russia.

Depending on the circumstances, separate court proceedings in Russia may not be required at all. It is nevertheless necessary to determine whether the foreign court or authority had jurisdiction, whether the divorce procedure has been completed and which documents are required in order to rely on the foreign divorce in Russia.

If a foreign court has ordered payment of child support and the debtor lives, works or owns assets in Russia, it is necessary to determine whether the foreign judgment can be enforced in the Russian Federation. Unlike recognition of the divorce itself, a child support judgment normally requires consideration not only of recognition but also of the mechanism for actual recovery of the amounts awarded.

The procedure depends primarily on the country in which the judgment was issued and the applicable international treaty. Where a mechanism for recognition and enforcement exists, the judgment may ultimately be enforced against the debtor’s income, bank accounts or other assets in Russia.

Foreign decisions concerning a child’s residence, contact arrangements, parental responsibility, guardianship and other child-related matters require a separate analysis. It is necessary to consider not only whether the foreign decision can formally be recognised in Russia, but also its content, the jurisdiction of the foreign court and the legal consequences that recognition would have for the child and the parents.

Where a dispute involves more than one country, the question of whether a future foreign judgment will have legal effect in Russia may need to be considered before the foreign proceedings are completed. This can affect both the choice of jurisdiction and the overall strategy of an international family law case.