In accordance with international law, as well as Russian legislation, the decision of foreign courts must be legalized on the territory of the country of its application. It should be taken into account that the decisions of the courts of the CIS countries and Russia are carried out much easier than other states. However, not all decisions of foreign courts can be recognized in Russia, so before submitting an appropriate application, you must carefully prepare for the process.
Our company's services consist of representation in arbitration of Russia on legalization of relevant international commercial arbitration or arbitration courts and enforcement of court decisions on the territory of Russia. We can also accompany execution of judicial decisions taken in the Russian Federation on the territory of foreign countries.
Art. 241 of the Arbitration Procedural Code of the Russian Federation states that when resolving issues relating to the enforcement of judicial acts of one state on the territory of another State, treaties on mutual legal assistance in the civil and criminal cases concluded by the Russian Federation with foreign states.
Article 45 point 1 of Federal Act No. 102 of federal act of 24 July 2002 "On Arbitration Courts in the Russian Federation" establishes that if the decision of the arbitral tribunal is not voluntarily fulfilled within the prescribed time limit, then it is subject to compulsory execution, which is carried out according to the rules of enforcement proceedings on the basis of issued by the competent court of the writ of execution for the enforcement of the decision of the arbitral tribunal.
According to article 35 of the RF Law of 07.07.1993 No. 5338-1 "About International Commercial Arbitration", the arbitral award, irrespective of the country in which it was pronounced, is recognized as binding and, when filed with the competent court, a written application is executed in accordance with the provisions of this article and article 36.
In accordance with article 53 of the Convention on Legal Aid and Legal Relations in the Civil, Family and Criminal Cases (concluded in Minsk on 22.01.1993), a request for permission to enforce the decision is submitted to the competent court of the contracting party where the decision is enforceable. It can also be submitted to a court that ruled on the case in the first instance. This court sends a request to the court, competent to rule on the request.
According to article 51 of the Convention on Legal Assistance and Legal Relations in the Civil and Family Cases and Criminal Matters, Article 7 of the Agreement of the CIS Countries "On the Procedure for the Settlement of Disputes Relating to the Implementation of Economic Activities" of 20.03.1992, CIS members mutually recognize and execute those who entered into the legal force of the decision of the competent courts.