The recognition and enforcement of Russian court decisions in Turkey plays a vital role in cross-border legal proceedings. According to Article 51 of the Private International Law and International Civil Procedure Law (MÖHUK), the civil court of first instance has jurisdiction in such cases. However, if the foreign decision pertains to family law, the family court is competent, as established under Article 4 of Law No. 4787.

Are Russian Plaintiffs Required to Post Security in Turkey?

No. Under international conventions, Russian citizens are exempt from the obligation to provide security (judicatum solvi) when initiating lawsuits or recognition/enforcement cases in Turkey. This is based on:

• The 1954 Hague Convention on Civil Procedure

• The 1970 Hague Evidence Convention

According to Article 17/1 of the 1954 Hague Convention:

“A citizen of a Contracting State who resides in one of the contracting countries and files or participates in a lawsuit in the other state cannot be asked to provide security merely because they are a foreigner or lack residence in the country.”

Additionally, Article 90 of the Turkish Constitution makes duly ratified international treaties directly applicable in domestic law. Furthermore, MÖHUK Article 48/2 permits exemption from security based on reciprocity, which exists between Turkey and Russia.

Recognition of Russian Court Decisions in Turkey

Yes, Russian court judgments are generally recognized and enforced in Turkey. However, there may be practical and conceptual complications, particularly involving decisions from Russia’s Arbitrazh Courts.

While the term “Arbitrazh” translates to “arbitration,” these are official state commercial courts in Russia—not private arbitration tribunals. Misinterpretation of this term by Turkish courts may occasionally hinder enforcement, although such issues can usually be resolved with proper legal clarification.

Recognition of Turkish Court Decisions in Russia

Yes. The principle of reciprocity enables the recognition and enforcement of Turkish court decisions in Russia. Relevant provisions are found in:

• Articles 409–417 of the Russian Federation Civil Procedure Code

• Articles 16, 32, 74, 241–246, and 256 of the Arbitration Procedure Code of Russia

Although Turkey and Russia do not have a bilateral recognition agreement, Turkish court decisions have been successfully enforced in Russian courts using case law precedents. However, the lack of centralized monitoring or documentation of these decisions by Turkish embassies can make it harder to demonstrate reciprocity in some cases.

Public Policy Concerns

Enforcement of Russian court decisions in Turkey is rarely refused on grounds of public order violation, especially since both countries are parties to the European Convention on Human Rights. As long as decisions respect due process and judicial rights, they are enforceable under Turkish law.

Conclusion

• Russian plaintiffs are not required to pay security in Turkey.

• Russian court decisions, including commercial judgments, can be recognized and enforced in Turkish courts.

• Turkish court decisions are also recognized by Russian courts under reciprocity.

• Arbitrazh Courts in Russia are state courts, not private arbitration panels.

• Public policy objections are seldom used against enforcement.