Enforcement of Judgments in Russia

A Russian court decision is enforced through a writ of execution issued after the decision enters into force. The creditor presents the writ to the Federal Bailiff Service (FSSP) or, for money claims, directly to the debtor's bank. Enforcement is governed by Federal Law No. 229-FZ "On Enforcement Proceedings", and the writ must be presented within three years.

Attorney Elena Petrova handles enforcement for creditors living in California and other countries who hold Russian judgments. Winning in court is only half of the task; this guide explains the other half.

Obtaining the Writ of Execution

The court issues a writ on the creditor's request once the decision has entered into force. Many courts now send an electronic writ to the bailiffs at the claimant's request. Arbitrazh courts issue writs for business disputes, courts of general jurisdiction for other cases.

Check the writ for errors in names, tax numbers and amounts. A mistake gives the bailiff a reason to refuse or the debtor a reason to challenge. A lost writ can be replaced by a duplicate through the court.

The Bailiff Service and Opening a File

The creditor files an application with the writ at the bailiff office where the debtor lives, is registered or holds property. The bailiff opens proceedings and gives the debtor five days to pay voluntarily. If the debtor does not pay, an enforcement fee of 7% of the debt is charged on top.

The creditor can instead send a writ for money directly to a bank where the debtor has an account. The bank must debit the funds on its own. This is often faster when the account is known.

Measures Against Debtor Assets

Part of an individual's income equal to the subsistence minimum is protected from deduction on request. The only home of a debtor usually cannot be sold, unless it is under mortgage.

Time Frames for Enforcement

The law gives the bailiff two months to carry out the writ. In practice this term is often exceeded, and the proceedings continue. If no assets are found, the file is closed and the writ returned to the creditor, who may present it again later.

Re-presenting the writ restarts the three-year period. Partial payment by the debtor also interrupts it.

When the Bailiff Does Not Act

A creditor may file motions to search for assets, request registries and visit the debtor's address. Inaction of the bailiff can be challenged with the senior bailiff, the prosecutor or the court. Losses caused by unlawful inaction may be recovered from the state.

If the debtor transferred assets to relatives before or during the case, such deals can be challenged as sham. In bankruptcy, a trustee can reverse suspicious transfers.

A Plan for Creditors Abroad

Start with an asset search: register data on real estate, cars and companies. Then choose the channel, bailiff or bank, and file motions for specific measures. Where the debtor may be insolvent, compare enforcement with a bankruptcy filing.

Russia and the United States have no treaty on mutual recognition of judgments. Recognition of a US judgment in Russia is uncertain and assessed case by case.

Enforcement Support by the Attorney

We obtain the writ, open proceedings, file motions and track the bailiff's actions. You receive regular updates in English on recovered sums and next steps.

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