Enforcing an English court order in Russia against a state-related entity is procedurally possible but practically constrained. Russian courts do not operate under a bilateral recognition treaty with the United Kingdom, which means recognition turns on the principle of reciprocity under Russian civil procedure law – a standard that Russian courts have applied inconsistently and, in recent years, restrictively. Foreign creditors pursuing this route should understand the procedural sequence and the additional immunity layer that state-related respondents can invoke.
What the procedure requires
A foreign creditor seeking recognition and enforcement of an English judgment in Russia must first file a petition with the competent Russian arbitrazh court – typically the court at the respondent's place of registration or the location of its assets. The petition must be accompanied by a certified and apostilled copy of the judgment, a certified Russian translation, and documentary evidence that the judgment is final and enforceable in England. The court will then assess whether reciprocity exists between Russia and the United Kingdom as a matter of current judicial practice, not treaty obligation. This assessment is discretionary, and outcomes vary by circuit.
Where the respondent is a state-related entity – a state-owned enterprise, a company with majority state participation, or an entity exercising public functions – the enforcement creditor must also navigate the question of state immunity. Under Russian law, state-related entities do not automatically enjoy sovereign immunity in commercial disputes, but in practice the boundary between commercial and sovereign activity is contested and can be raised as a procedural objection at the recognition stage. Creditors should anticipate this argument and prepare documentary evidence establishing the commercial character of the underlying transaction.
If the recognition application succeeds, the court issues an enforcement order (исполнительный лист), which is then presented to the Federal Bailiff Service (FSSP) for execution against the respondent's identified Russian assets. Locating and preserving those assets before or immediately after the recognition application is filed is, in practice, the critical step – particularly where the respondent has the means and the incentive to dissipate them.
For practical guidance on the broader enforcement framework, see the firm's Asset Tracing & Recovery practice page and the related briefing Enforcing English Court Orders in Russia: Practical Briefing.
Foreign creditors holding English judgments against Russian state-related entities should take early legal advice before the asset position changes. Make an enquiry: info@vetrovpartners.com | WhatsApp/Telegram: +7 (983) 510-38-76
— Elizaveta Razina Senior Lawyer, Practice Lead – IP Enforcement, Vetrov & Partners vetrovpartners.com/razina/
Elizaveta Razina leads the firm's intellectual property and asset protection practice. She has represented foreign creditors and asset-holders in proceedings before Russian state courts and advises on cross-border enforcement strategy, including asset identification and preservation measures in the Russian Federation.
This publication is provided for informational purposes only and does not constitute legal advice under Russian or any other applicable law. The information herein should not be relied upon as a substitute for professional legal counsel tailored to your specific circumstances. Vetrov & Partners is a Russian-qualified law firm. For matters governed by foreign law or requiring local admission in another jurisdiction, we collaborate with trusted counsel in the relevant jurisdiction. For advice regarding your particular situation, please contact info@vetrovpartners.com.