International Treaties in the Russian Legal System

Under the Russian Constitution, generally recognised principles and norms of international law and the international treaties of Russia are part of its legal system. If a treaty sets rules different from a Russian law, the treaty rules apply. At the same time, the Constitution itself stands above treaties, and since 2020 decisions of interstate bodies that contradict it are not enforced in Russia.

For clients in California, treaties decide practical issues: whether US documents need legalisation, how service abroad is carried out and whether a foreign judgment can be enforced.

Where Treaties Rank Among Legal Sources

The rule on priority is contained in part 4 of article 15 of the Constitution. A treaty prevails over an ordinary federal law, but it cannot override the Constitution.

Before ratification, the Constitutional Court may check whether a treaty complies with the Constitution. A treaty found incompatible does not enter into force for Russia.

How a Treaty Becomes Binding

The Federal Law on International Treaties of the Russian Federation sets the procedure for concluding, ratifying and terminating treaties. Ratification by federal law is required when a treaty establishes rules different from those in Russian law, as well as for treaties on human rights and on territorial matters.

Official texts of treaties in force are published, and courts apply only those that have entered into force for Russia.

How Courts Apply Treaties

A court may apply a treaty directly if its rules do not require a domestic implementing act. The Plenum of the Supreme Court gave guidance on this in its Resolution No. 5 of 10 October 2003 on the application of international law by courts of general jurisdiction.

In commercial disputes arbitrazh courts regularly rely on the UN Convention on Contracts for the International Sale of Goods and on bilateral legal assistance treaties.

Human Rights Treaties After 2022

Russia left the Council of Europe in March 2022 and ceased to be a party to the European Convention on Human Rights in September 2022. Judgments of the European Court that became final after 15 March 2022 are not executed in Russia.

Russia remains a party to UN human rights instruments, including the International Covenant on Civil and Political Rights, and courts may still refer to them.

Customary International Law

Generally recognised principles and norms of international law are also part of the legal system, even without a written treaty. Courts refer to them mainly in questions of sovereign immunity, the law of the sea and basic human rights.

A foreign state's property in Russia, for example, is protected by jurisdictional immunities, now regulated by a separate federal law.

Treaties That Matter to US Clients

Several multilateral conventions link Russia and the United States in civil matters.

Enforcing Foreign Judgments in Practice

Russia and the United States have no bilateral treaty on recognition of court judgments. Russian courts consider such applications case by case, sometimes relying on reciprocity and international comity, and the outcome is not predictable in advance.

An arbitration award is often easier to enforce because of the New York Convention. Attorney Elena Petrova advises clients in California on which treaty applies to their matter and how to prepare documents for use in Russia.

The main channel of communication with the attorney is email: attorneypetrova1@gmail.com.