Default Judgments in Russian Civil Cases and How to Set Them Aside

A default judgment (zaochnoe reshenie) is a decision that a Russian court of general jurisdiction gives when the defendant was properly notified of the hearing, did not appear, gave no valid reason for the absence and did not ask the court to proceed without him. Article 233 of the Civil Procedure Code (GPK) allows the court to hear the case this way, and the defendant then has seven days from receiving a copy of the judgment to ask the same court to set it aside (Article 237).

Seven days is a short period, and a defendant who lives abroad may lose it simply because the post is slow. This guide explains when a default judgment is possible, what a successful application to set it aside must show, how the appeal period runs, and why the arbitrazh courts work differently.

When the Court May Go Ahead Without the Defendant

Article 233 of the GPK sets four conditions. The defendant must have been duly notified, did not appear, did not inform the court of valid reasons for non-appearance and did not ask for the case to be heard in his absence. If these conditions are met, the court issues a ruling that the case will be heard by default.

With several defendants, default proceedings are possible only if all of them fail to appear. If the claimant attends and does not agree to proceed by default, the court postpones the hearing and sends the defendant a new notice. If the claimant changes the subject or the basis of the claim, or raises the amount, the court cannot use the default procedure at that hearing and must give the defendant a chance to respond.

For the defendant these rules show where the real protection lies: in notice. A hearing for which the defendant was not properly informed cannot lead to a lawful default judgment, and the lack of notice is the first argument in an application to set it aside.

What Proper Notice Means in Practice

Courts send summonses by registered mail, through an electronic channel where the party agreed to it, or by another method that records delivery. A party who changed address and did not tell the court can still be treated as notified when the mail goes to the address stated in the case or in the contract. A defendant abroad should therefore give the court a working address for notices as soon as the case begins.

If the summons was returned to the court with a note about the absence of the addressee, the court may rely on it. A defendant who was in fact away must show proof: tickets, passport stamps, a work contract abroad and a record that the summons never reached him. A general statement that the mail "did not arrive" does not convince a judge.

The Seven-Day Application

The application to set the judgment aside is filed in the court that gave it, within seven days from the day the defendant received a copy. The text must show two things according to the Code: valid reasons for the absence from the hearing, of which the court had no notice, and circumstances that may influence the outcome of the case, together with evidence for them.

A defendant who files only a complaint about the absence will usually fail. A court wants to see what the defendant would have said, such as a payment receipt that the claimant ignored, a defect in the contract, a limitation argument or a mistake in the calculation. The application should therefore attach the draft answer and the documents.

If the seven days were missed because the copy was received late or not at all, the defendant asks for the term to be restored and explains the reasons in the same paper.

Appeal and the Time Limits

The table shows the periods that Article 237 sets.

The order of steps matters. The defendant cannot go directly to the appeal court while the application is open, and the appeal period begins to run from the ruling that rejects the application. A claimant who disagrees with a ruling that sets the judgment aside should check separately whether and how that ruling can be challenged.

What Happens After the Judgment Is Set Aside

When the court sets the default judgment aside, it resumes the case in the ordinary way, appoints a hearing and gives the defendant the chance to submit evidence. The first judgment ceases to be effective. If enforcement had already started, the defendant asks the bailiff service to stop it and sends the ruling.

If the court refuses to set the judgment aside, the defendant keeps the right to appeal within a month from that refusal, and the appeal court can examine the merits of the case as well as the procedure.

The Arbitrazh Court: No Default Judgment

The Arbitrazh Procedure Code does not have a separate default judgment. An arbitrazh court may hear a case without a party when that party was properly notified, and the judgment is then an ordinary one, appealed within one month under the usual rules. For a company that faces an arbitrazh claim this means that silence is more dangerous than in a civil case: there is no short application to the same court that restarts the proceeding.

A foreign company that ignores a claim served on its Russian address should treat the first notice as the start of the appeal clock.

A Practical Checklist for the Absent Defendant

Check the date on which the copy was received and count seven days. Prepare a short application with reasons for the absence and a draft answer. Gather proof of absence from the country. Send the paper to the court through the electronic system or by registered mail and keep the receipt. Request a stay of enforcement if the bailiffs have already received the judgment.

The attorney prepares applications to set aside default judgments and appeals from abroad, and the first step is to read the judgment, the summons and the proof of delivery.

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