An extract from The Asset Tracing and Recovery Review, 8th Edition

Seizure and evidence

i Securing assets and proceeds

Seizure of funds and property is possible both in the course of civil law claims (by respective judge order) and in the course of criminal proceedings (by respective court order initiated by the investigation authorities).

In civil law trials, interim relief may be sought at any stage of the proceedings or even before the claim filing if the respective motion is accompanied with proper evidence (however, in this case, a deposit with the court is required to cover the damage in the event of an unjustified injunction).

Russian law does not provide for an exhaustive list of interim relief, and usually the requested measure depends on the particularities of the case. The most common ones include the arrest of funds or property (or both), and an injunction to undertake certain legal acts.

In criminal proceedings to ensure the performance of civil law claims, to secure the potential performance of the judgment fines or other monetary obligations as well as in cases with potential confiscation of property, the investigation authorities may petition the court to arrest property of the accused and alleged proceeds of the crime.

ii Obtaining evidence

As previously noted, in civil law proceedings in Russia there is no pretrial disclosure. Each party shall ensure that its case is supported by evidence and may seek court assistance to obtain evidence from opponents.

In criminal proceedings, the vast majority of evidence and preparation for the case for trial is done by the investigation authorities within the scope of their competence, which is quite broad in Russia. The claimant may also provide its evidence and explanations in respect of what normally is done along with a criminal case complaint initiating a criminal investigation.