Enforcement of foreign judgments on confiscation of criminal proceeds on the territory of the Russian Federation

The Federal Law «On amendments to the Federal Law «On enforcement proceedings» as of 05.12.2017 №382-FZ defines the procedure of enforcement of foreign judgments in Russia related to confiscation of criminal proceeds on the territory of the Russian Federation in accordance with international agreements of Russia and procedural law. Thus, the foreign judgments are comprised of judicial verdicts and decrees, including verdicts and decrees of arbitration courts.

Distrained or seized property withdrawn in accordance with judicial decree should be turned into government property by transferring to the relevant authorities on condition that it does not conflict with international agreements of Russia. According to active legislation, seized property refers to property withdrawn or arrested on the basis of judicial decree.

If there are no relevant international agreements, the enforcement of foreign judgments is carried out according to principle of mutuality confirmed by written obligations of foreign States, received by the Ministry of Justice of the Russian Federation in accordance with first part of Article 457 of the Criminal Procedural Code of the Russian Federation.

The amendments to the Criminal Procedural Code of the Russian Federation were made by the Federal Law as of 05.12.2017 №382-FZ by adding new chapter 55.1. «consideration and resolution of issues, related to admission and enforcement of foreign judicial verdicts and decrees in terms of confiscation of criminal proceeds on the territory of the Russian Federation».

The Articles of the chapter from 473.1. to 473.7. defines the following:

• the procedure of admission and enforcement of foreign judgments and the content of relevant requests;
• the courts competence and the order of relevant requests consideration in judicial authority;
• reasons for refusal of admission and enforcement;
• the content part of court decisions upon the results of consideration;
• procedure for issuing writs of execution and their direction on compulsory enforcement.