Recognition and Enforcement of Czech Court Judgments in Russia: Legal Framework and Practical Considerations

You have a Czech court judgment against a Russian debtor. The debtor has assets in Moscow, St. Petersburg, or elsewhere in Russia. Can you enforce your judgment in Russia? The answer depends on a specific legal framework that differs significantly from the rules governing arbitral awards.

Unlike arbitral awards, which benefit from the New York Convention of 1958, foreign court judgments operate under a more complex regime in Russia. For judgments from the Czech Republic, however, there is a significant advantage: a bilateral treaty exists between the two countries. This article explores the legal basis for enforcing Czech court decisions in Russia, the procedural requirements, and the practical challenges creditors may face in 2026.

The Bilateral Treaty: A Solid Legal Foundation

Russia and the Czech Republic (formerly Czechoslovakia) have a bilateral legal assistance treaty that covers the recognition and enforcement of court judgments. According to Baker McKenzie’s Cross-Border Enforcement Center, the Czech Republic is among the countries with which Russia has bilateral agreements on legal assistance.

This treaty provides a clear legal basis for enforcing Czech court judgments in Russia. Under Article 409 of the Civil Procedure Code (CPC) of the Russian Federation, foreign court judgments are recognized and enforced in Russia if provided for by an international treaty of the Russian Federation. The bilateral treaty with Czechoslovakia (now applicable to the Czech Republic) satisfies this requirement.

The existence of this treaty is crucial because it eliminates the need to prove reciprocity – a requirement that often complicates enforcement for judgments from countries without such agreements. For Czech creditors, this treaty provides a more straightforward path to enforcement than for creditors from many other non-CIS countries.

The 2026 Legislative Landscape: New Protections and Exceptions

While the bilateral treaty provides the legal foundation, recent legislative changes in Russia have introduced important considerations that affect enforcement of foreign judgments, including those from the Czech Republic.

The New Constitutional Shield (Federal Constitutional Law No. 8-FKZ)

Effective January 9, 2026, Federal Constitutional Law No. 8-FKZ established a direct prohibition on enforcing in Russia decisions of foreign and international courts whose jurisdiction Russia does not recognize. This applies to:

• decisions of foreign criminal courts whose jurisdiction has been expanded or delegated without Russia’s consent;
• international judicial bodies not based on a treaty ratified by Russia or a UN Security Council resolution.

For commercial judgments from Czech courts, this law does not automatically apply, as the bilateral treaty provides a recognized basis for jurisdiction. However, it signals a broader trend of Russian courts asserting judicial sovereignty and carefully scrutinizing foreign judgments.

Public Policy Considerations and the “Unfriendly” Jurisdictions Context

The Czech Republic, as an EU member state, is on the Russian government's list of “unfriendly” jurisdictions established by Order No. 430-r in March 2022. This designation has influenced judicial practice. According to experts at Stonebridge Legal, Russian courts have maintained a general trend of recognizing foreign judgments, but they have developed a consistent practice of refusing to recognize judgments issued against Russian parties in “unfriendly” jurisdictions on public policy grounds.

For Czech judgments, this means that while the bilateral treaty provides a legal basis, courts may still examine whether enforcement would violate Russian public policy. Factors that courts consider include:

• whether the judgment was obtained with proper procedural safeguards;
• whether the dispute falls under the exclusive jurisdiction of Russian courts;
• the potential impact of enforcement on the financial stability of the debtor and social stability of the region.

The Reciprocity Alternative: When the Treaty Might Not Apply

While the bilateral treaty covers most commercial judgments, there are situations where reciprocity may still be relevant. According to legal analysis from the Cross-Border Enforcement Center, foreign court judgments may also be enforced on the basis of international comity and reciprocity, though the number of judgments enforced on this basis remains limited.

For Czech judgments that fall outside the scope of the bilateral treaty – for example, if the judgment concerns a matter not covered by the treaty – creditors may need to rely on reciprocity. In such cases, the creditor must prove that Czech courts would enforce a Russian judgment under similar circumstances.

Notably, there is recent precedent for reciprocity-based enforcement. Russian courts have successfully enforced judgments from the Netherlands based on reciprocity after proving that Dutch courts had enforced Russian judgments. A similar argument could potentially be made for Czech judgments, though the bilateral treaty provides a stronger foundation.

Practical Steps for Enforcing a Czech Judgment in Russia

Step 1: Determine the Competent Court

Under Article 242 of the Arbitration Procedure Code (APC) for commercial disputes, the application must be filed with the arbitrazh (state commercial) court of the region where the debtor is located or where the debtor’s property is situated . For non-commercial civil matters, the application goes to the courts of general jurisdiction – specifically the regional or equivalent court.

Step 2: Prepare the Required Documents

Under Article 242 of the APC and Article 410 of the CPC, the following documents must be attached to the application:

Step 3: File the Application

The application can be filed:

• in paper form at the relevant court;
• in electronic form, including as an electronic document signed with a digital signature .

Step 4: The Court’s Review

The court must review the application within one month from the date of filing. The review is formal – the court does not re-examine the merits of the Czech judgment. Instead, it checks whether the grounds for refusal under Article 412 of the CPC or Article 244 of the APC apply.

Step 5: Grounds for Refusal

Under Russian law, a court may refuse recognition and enforcement of a foreign court judgment on the following grounds:

Step 6: Timeline and Costs

If unopposed, the review typically takes about one month. If opposed, proceedings can last from 6 to 14 months.

Costs include:

• state duty: approximately 3,000 rubles (about 30 euros);
• translation and certification costs: typically up to 1,000 euros;
• legal fees: from approximately 25,000 to 40,000 euros for unopposed cases, and from 45,000 to 150,000 euros for opposed cases.

Special Considerations for Sanctions and Strategic Sectors

Russian courts have exclusive jurisdiction over disputes involving sanctioned Russian entities or disputes arising from the application of foreign restrictive measures under Articles 248.1 and 248.2 of the APC. If the Russian debtor is a sanctioned entity, the Czech court judgment may be deemed unenforceable in Russia regardless of its merits.

Additionally, if the judgment relates to a strategic enterprise or involves significant public interest, Russian courts may examine the potential impact of enforcement on financial stability, employment, and social stability in the region.

The Arbitration Alternative

While the bilateral treaty provides a solid basis for enforcing Czech court judgments, creditors should consider arbitration for future contracts with Russian partners. Arbitral awards benefit from the New York Convention, which Russia continues to apply, and may offer a more predictable enforcement path than court judgments.

Conclusion

Enforcing a Czech court judgment in Russia is possible and, thanks to the bilateral treaty between Russia and the Czech Republic, is on firmer legal ground than judgments from many other countries. The existence of this treaty eliminates the need to prove reciprocity – a significant advantage.

However, creditors must be aware of recent legislative developments and judicial trends. The “unfriendly” designation of the Czech Republic, the new constitutional law restricting enforcement of certain foreign judgments, and the growing emphasis on public policy considerations all create potential obstacles.

For Czech creditors holding judgments against Russian debtors, the most practical approach is to:

• verify that the judgment falls within the scope of the bilateral treaty;
• ensure proper service and documentation;
• act within the three-year limitation period;
• work with experienced local counsel who understand Russian enforcement procedures;
• consider the potential impact of sanctions and public policy arguments.

If you are negotiating future contracts with Russian partners, consider including an arbitration clause. That single clause can provide a more predictable enforcement path than even the most favorable treaty.

Our law firm, Economic Disputes, has been operating in the B2B market since 2019 and specializes in comprehensive business support, including international business. Our team consists of 15 lawyers and specialists, each with 15 to 25 years of experience in corporate law, tax consulting, and international commercial arbitration. Our practice manager, Sergey Belyavsky, brings 20 years of unparalleled experience in commercial courts, including 10 years as a judge, which allows us to assess risks from a practical perspective. We are members of the Austrian Arbitration Association (AEA) and have a partner network in over 160 countries. Results are our priority: throughout our work, we have recovered and saved our clients 1.95 billion rubles, supported by over 100 reviews with an average rating of 4.95 out of 5. We handle cases in Russian, Polish, and English and are ready to assist even in the most challenging situations. For the convenience of our international clients, we maintain a bank account with PKO Bank Polski to facilitate efficient cross-border settlements. If your company needs legal support, submit a request – we will offer a realistic solution.