Russia

In order to enforce against any assets Farkhad has in Russia, Tatiana has brought proceedings seeking enforcement of the Judgment and the Financial Remedy Order.

Farkhad has also brought a number of (unsuccessful) proceedings seeking an order that Farkhad and Tatiana were divorced in Russia in 2000

History of enforcement proceedings

On 3 March 2020, the Moscow Regional Court ruled that the Court had no legal basis for granting Tatiana’s application because “there are no international treaties between the Russian Federation and the United Kingdom of Great Britain and Northern Ireland providing for the recognition and enforcement of foreign court decisions”.

Tatiana brought an appeal against this judgment to the First Appeal Court, arguing that, while no international agreement or convention exists between the Russian Federation and the United Kingdom, foreign court decisions are recognised on the basis of the principles of reciprocity and international courtesy (being universally recognized principles of international law that are part of the Russian legal system by virtue of article 15 of the Constitution). This position has been confirmed by decisions of the higher courts of the Russian Federation, and by V.D. Zorkin, the President of the Constitutional Court of the Russian Federation.

On 8 July 2020, the First Appeal Court rejected Tatiana’s appeal, concluding that the court of first instance had not allowed violations of substantive and procedural law (leading to an illegal decision)

Tatiana has filed an appeal to the Supreme Court of the Russian Federation.