When applying to a foreign court, a Russian citizen faces an important question: who can act as his representative? It is especially important to consider that in some countries, only local lawyers admitted to practice in that particular country can act as representatives. Let's consider possible options for representation:
1. Local lawyer:
- In some jurisdictions, the law requires that interests be represented in foreign courts only by local lawyers who have the appropriate license or admission to practice.
- This means that a Russian citizen applying to a court in a foreign country will have to hire a local lawyer to represent his interests.
2. Joint representation:
- In some cases, a Russian citizen may choose joint representation, when his case in a foreign court is handled by both a local lawyer and a lawyer from Russia.
- This approach allows for a more complete and high-quality representation of the client's interests, taking into account both local legislative features and the rights and customs of Russia.
3. Consultation with a local lawyer:
- Even if a Russian citizen decides to represent his interests independently, he can seek advice from a local lawyer to understand the peculiarities of local law enforcement and the legal process.
Finally, it is important to remember that in some countries only local lawyers can act as representatives in foreign courts. Therefore, when applying to a foreign court, a Russian citizen should carefully study the local legislation and rules of representation in order to ensure the best protection of his rights and interests.
Enforcement of foreign court decisions in Russia is an important and complex procedure that requires compliance with certain rules and procedures. Here are the main steps that should be taken to successfully enforce a foreign court decision in Russia:
1. Checking the recognition of the decision:
- First of all, it is necessary to make sure that the foreign court decision is recognized and can be enforced in Russia. To do this, the decision must comply with international treaties or the principles of mutual recognition and enforcement of judicial acts.
2. Obtaining a writ of execution:
- To begin the procedure for enforcing the decision, you must apply to the Russian court and obtain a writ of execution. To do this, you will need to present the foreign court decision and other necessary documents.
3. Enforcement of the decision:
- After receiving the writ of execution, the Federal Bailiff Service begins the enforcement of the decision. This may include an inventory and seizure of the debtor's property, as well as other enforcement measures.
4. Compliance with procedural rules:
- The entire process of enforcing a foreign court decision must comply with the procedural rules established by Russian law. Violation of these rules may result in challenging the enforcement action.
5. Consultation with specialists:
- In case of difficulties or uncertainties, it is recommended to seek advice from specialists - lawyers or attorneys familiar with the procedure for executing foreign court decisions in Russia.
In conclusion, the execution of a foreign court decision in Russia is a multi-stage process that requires a careful approach and compliance with all necessary procedural rules. However, with proper organization and availability of relevant documents, this can be done within the framework of Russian legislation.