Dear ladies and gentlemen!
We are happy to present you our recommendations in relation to the review on several issues of court practice connected with measures on counteraction to illegal financial transactions approved by Presidium of the Supreme Court of the Russian Federation on 08 July 2020. This review de facto consolidates the Russian courts' powers to perform "law-enforcement" function which have already existed in Russian court practice but were not fully developed: in 2019 Arbitrazh Procedural Code of the Russian Federation was supplemented by a provision under which arbitrazh courts had become obliged to report on detection of signs of a crime to a preliminary investigation body, while now the courts actively involve state bodies in participating in pending cases as third parties if such court detect signs of money laundering.
We do not support delegation of some responsibilities of the executive authorities to the courts, but anyway it is important at least to be prepared for the excessive activity of the courts in this area.
In this regard, given that this review will undoubtedly be taken into account by the courts, we hope that our recommendations will be useful to you.
Kind regards,
TA Legal Consulting
