CODE OF CIVIL PROCEDURE IN THE RUSSIAN FEDERATION
This article will provide guidance on the Code of Civil Procedure in the Russian Federation. The legal system of the Russian Federation is a civil one. Codes such as the Civil Code and the Criminal Code are part of Russian law since legislation is the highest legal authority (compared with bylaws and other sources of law). Nonetheless, unconstitutional legislation may be struck down by the Constitutional Court.
Russia's legal system incorporates international law. Case law is generally accepted as a valid legal authority. The Constitutional Court's rulings are binding on all other courts, state agencies, legal organizations, and people since they represent the official interpretation of the law. For the sake of consistency in the application of the law, decisions made by the Supreme Court are also binding on lesser courts.
It is helpful to involve a private Russian Federation process service agency like Undisputed Legal to conduct service since we know the legal system and procedures. We can ensure that all necessary documents are properly completed and filed, and all deadlines are met. This can be especially important in Russia, where the legal system can be complex with the different court hierarchies and systems.
For most claims, the statute of limitations begins to run no later than three years after the claimant first becomes aware of the infringement of their rights and the identity of the relevant defendant, but in no event later than ten years after the violation itself. It is possible to conduct certain stages of a lawsuit before a state commercial court online (parties can file submissions either on paper or electronically, including in the form of an electronic document signed by electronic signature as regulated by Russian laws).
Federal courts of general jurisdiction and courts of general jurisdiction of constituent entities (magistrates courts) have jurisdiction over disputes involving individuals who are not business owners, including in the context of certain commercial cases (for example, where an individual acted as surety for the obligations of a legal entity in a commercial relationship).
The Administrative Procedures Act directs that certain types of administrative matters be heard and decided by courts of broad jurisdiction (for example, cases relating to the administrative liability of legal entities for illegal remuneration transferred on their behalf). Although the rules of procedure of state commercial courts consider the specialization of judges when assigning cases to a judge, there is no separate division for difficult cases or cases with a value beyond a particular threshold.
Navigating the Russian legal system may be difficult, and Undisputed Legal can assist in safeguarding that legal papers are served in accordance with Russian legislation. Our Undisputed Legal process servers ensure that your documents comply with translation requirements. Our goal is to facilitate communication and guarantee that legal papers are delivered in a way that respects local customs and traditions.
PRE-TRIAL PROCEDURE IN THE RUSSIAN FEDERATION
Apart from some pre-trial processes prescribed by federal law or a contract, no procedural norms are relevant to the parties' behavior before bringing a claim to court. Commercial disputes involving monetary claims arising out of contracts, other transactions, or unjust enrichment are subject to the CPC's mandatory pre-trial procedure, which requires the prospective claimant to send a pre-trial claim to the other party and allows the claimant to file a claim with the court after the expiration of a thirty-day statutory term (unless otherwise provided by law or a contract).
Federal legislation or the parties' contract may provide mandatory pretrial proceedings for various civil law issues. Corporate disputes, class actions, instances in which state courts outsource powers of aid and control to arbitrations, and claims for recognition and execution of international judgments and foreign courts' decisions are not required to follow any statutory pre-trial process.
At Undisputed Legal, we assure you that we provide security and protection for the client. By using an objective third party to serve papers, we can avoid potential conflicts or misunderstandings if the claimant attempts to serve the papers themselves. Additionally, we can provide a record of service, which can be important if there are any disputes or challenges to the service of process.
STATEMENT OF CLAIM IN THE RUSSIAN FEDERATION
A party may submit their statement of claim and other case documents to the court in physical form (through the mail) or online (using the court's dedicated site, My Arbitr). Suppose the claimant submits an electronic version of the statement of claim with attachments to the court. In that case, the claimant must still send hard copies of the statement of claim and all attachments to all other parties via registered mail or courier. Although there is no statutory deadline for filing a statement of defense, it must be served so that all parties have adequate time to review it before the hearing; in addition, the court's order instituting the proceedings may set the deadline for filing the statement of defense. If no statement of defense is filed, the court may rule based on the evidence presented.
After initiating proceedings, the judge conducts a preliminary hearing to get the case ready for trial by consulting with the parties to find out their claims and objections, offering to disclose evidence in support of the parties' positions, and explaining their rights and obligations, including the right to settle the case out of court if they so choose.
The request for the court to issue an order must be presented in writing. A court order must be drafted on a particular form in duplicate and signed in both copies. by the court. One copy of the court order is placed in the court proceedings' file. A written statement of the action must be presented to the court.
After approving an application, the judge will rule on preparing the matter for a hearing. Preparation for court proceedings is required in all civil cases and must be performed by the judge with the involvement of the parties and other individuals involved in the case and the attorneys.
Undisputed Legal has been serving legal papers across the globe, and we can assist you with serving a statement of claim in Russia. We provide support throughout the service process, ensuring your documents are served correctly and on time. Whether you are an individual or a business, working with our process servers can help ensure your legal rights are protected and your case proceeds smoothly.
ENFORCEMENT OF LOCAL JUDGEMENTS IN THE RUSSIAN FEDERATION
A writ of execution is often used to enforce a domestic judgment. When a party requests it, the trial court may issue a warrant of execution. The application for enforcement submitted with the bailiff's office must include a warrant of execution or equivalent executory instrument issued by the court. The bailiff's office will carry out any necessary executory acts at the registered, principal, or branch office of the organization being served. Bailiffs will accept these items in person or through the mail. A power of solicitor is required if an authorized representative of a creditor signs an application. Motions to attach the debtor's assets to ensure enforcement or impose limits on a debtor under the Enforcement Law are applications that may be filed with the court.
The courts usually uphold a party's choice of law for a contract. Nevertheless, the parties choice of law cannot supersede obligatory regulations of the nation in which all fundamental responsibilities under the contract are linked at the time of selecting the governing law. Suppose the challenged legal connection lacks a cross-border aspect important to the matter. In that case, the courts will apply any required requirements of Russian law regardless of whether they qualify as overriding rules.
A private process service agency like Undisputed Legal can be valuable in enforcing local judgments in Russia. The progression can be complex and time-consuming, requiring knowledge of Russian law and customs. In Russia, enforcement of a local judgment is carried out by a bailiff appointed by the court that issued the judgment. The bailiff has the authority to seize assets or property to satisfy the judgment.
Our process servers can help navigate the complexities of international law and cross-border enforcement. We work with foreign courts and authorities to ensure the judgment is recognized and enforced in other countries where the defendant may have assets.
ENFORCEMENT OF FOREIGN JUDGEMENTS IN THE RUSSIAN FEDERATION
Foreign judgments must be based on either a federal statute or an international treaty of the Russian Federation to be recognized and enforced in Russia. The principles of international comity and reciprocity may be used to enforce foreign judgments without a relevant international treaty or federal statute.
The Russian Federation is a signatory to many international treaties that govern the recognition and enforcement of foreign judgments. The vast majority of these are CIS-related (CIS). Nevertheless, Russia is not a signatory to the Hague Convention on Choice of Court Agreements. Russia ratified the Hague Convention on the Enforcement of Foreign Judgments in Civil or Commercial Matters on November 17, 2021.
Russia's relations with the United Kingdom and the United States on civil law topics are not governed by any bilateral treaties. Several treaties that do not specifically provide for recognition or enforcement of foreign court judgments but rather establish a general framework for cooperation in the legal and judicial spheres have created case law on the enforcement of UK court judgments based on the principle of international comity.
Public policy is a typical justification Russian courts use to reject international judgments. In Russia, no laws explicitly prohibit the execution of certain decisions. Yet, in reaction to international and foreign restrictive actions against Russia, a number of laws and regulations have been enacted in recent years.
Determining whether the foreign judgment can be recognized and enforced in Russia is important. This will depend on a number of factors, including the type of judgment and the country where it was issued. A private process service agency like Undisputed Legal can help with this initial assessment, as we thoroughly understand Russian and international law. Assuming the foreign judgment can be recognized and enforced in Russia, the next step is to file a petition with a Russian court. This petition will typically need to include various documents, such as the foreign judgment itself, a certified translation into Russian, and evidence that the judgment is final and enforceable in the country where it was issued. Our Undisputed Legal process servers can assist with preparing and filing these documents and communicating with the Russian court and any other relevant parties. They can also help with any necessary translations and meet all deadlines.
INTERNATIONAL SERVICE OF PROCESS IN THE RUSSIAN FEDERATION
The Hague Agreement of 1965 concerning the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Cases includes Russia as a contracting state (Hague Service Convention). A number of declarations and caveats were made by Russia when it ratified the Hague Service Convention, and they impact the ability of foreign courts to serve a Russian party with legal process. A party in Russia may be served with foreign legal documents via the conventional channels at the Central Authority, the Ministry of Justice in Russia. Any paperwork that has to be sent to the Russian Federation, the President, the Government, or the Ministry of Foreign Affairs should be sent through diplomatic channels.
The Hague Service Convention's Article 10 means of service are illegal in the Russian Federation. Because of this, international legal papers cannot be delivered to Russian citizens via mail. In addition, foreign diplomatic and consular representatives are not allowed to serve papers inside Russian Federation territory unless the recipient is a citizen of the issuing state. At Undisputed Legal, we ensure that your process service is not considered void by following the specifications of the Hague Convention in both the originating and the receiving state.
Suppose a state is not a party to the Hague Service Convention but is a party to the Hague Convention on Civil Procedure 1954 (Hague Civil Procedure Convention). In that case, the Hague Civil Process Convention applies to the dispute. Legal documents issued by foreign authorities and intended for delivery to persons residing within the territory of the Russian Federation must be transmitted for execution to the appropriate Russian institutions through diplomatic channels through the Russian Ministry of Foreign Affairs in accordance with the Hague Civil Procedure Convention. This process does not exclude the presentation of papers to citizens of the countries represented by diplomatic and consular posts in Russia (in accordance with the conditions set out in the last paragraph of Article 6 of the Hague Civil Procedure Convention).
Overall, an international private process service agency like Undisputed Legal can provide a valuable service in enforcing judgments in Russia. We can help you save time and resources and increase the chances of a successful outcome for the plaintiff. Our private process servers can help with initial assessments, document preparation and filing, and communication with relevant parties, making the process as smooth and efficient as possible. It should be known that since the United States has instituted a charge for service of process requests, Russia does not implement the Hague Service Convention in reference to the United States.
Documents can be faxed at (800) 296-0115, emailed to firstname.lastname@example.org, or uploaded on our website. We do require prepayment and accept all major credit and debit cards. Once payment is processed, your sales receipt is immediately emailed for your records.
Drop-offs must call and make an appointment first to be added to building security to permit access to our office. Documents for service must be in a sealed envelope with payment in the form of a money order or attorney check (WE DO NOT ACCEPT CASH) payable to UNDISPUTED LEGAL INC.; Our receptionist will receive all documents.
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1. Claims to invalidate a voidable transaction and actions to enforce its invalidity have a time limit of one year (Article 181, Civil Code).
2. It is important to note that the Commercial Procedure Code (CPC) of Russian procedure law does not specify any particular standard of proof, such as ‘beyond reasonable doubt’ or ‘on the balance of probabilities.’ Instead, the judge evaluates claims based on their belief after reviewing all the evidence presented in the case.
3. In addition, the judge must:
- Help the parties gather the evidence they need.
- Demand proof at the request of a party or on its initiative.
- Help the parties work through their application requests involving expert and witness testimony.
- Make whatever additional decisions are required to be ready for trial.
4. In a request for the issuance of a court order, the following must be included:
- the court to which the application is submitted;
- the exactor's name, place of abode, or place of stay;
- the debtor's name and place of residence or stay;
- the exactor's allegation and the supporting evidence;
- the documentation attesting to the legitimacy of the exactor's claim;
- a list of the papers contained.
- If the moveable item is claimed on demand, the application must include the cost.
5. Following the procedures, a request letter must be completed during a court session. All parties involved in the case must be informed about the time and location of the session, but their absence will not prevent the request from being fulfilled. The procedures and any evidence gathered during the execution of a letter of request should be provided to whoever is hearing the matter in court.
6. Article 149. Activities of the Parties in Preparation for Court Proceedings
During the preparation of the case for court proceedings, the plaintiff or his agent must:
- Provide the defendant with copies of the proof that supports the true reasons for the claim;
- petition the court for the production on demand of evidence he cannot get on his own without the court's aid.
. The defendant or their legal counsel shall:
- Specify the plaintiff's claims and their specific basis;
- submit written objections to the plaintiff or his agent, as well as to the court, concerning the assets;
- Provide the plaintiff or his agent and the court with the evidence supporting his objections pertaining to the assertion;
- Please submit to the judge demands to get on-demand the evidence he cannot obtain himself without the court's aid.
7. Among the duties involved in preparing a case for court are the following:
- A description of the pertinent real facts for the accurate determination of the case;
- Determining the legislation that will govern the outcome of the issue and establishing legal precedent
- Relationships between parties;
- Resolution of the matter on the makeup of the parties involved and of
- Others involved in the case;
- The provision of the relevant evidence by the parties and other involved parties;
- Reconciliation between the parties.
8. Additionally, the applicant may upload a debtor's details and supporting papers.