In its Ruling No. 18-P of 16.04.2024, the Constitutional Court of the Russian Federation indicated that a state court is obliged to satisfy an application for the issuance of a writ of execution to enforce a decision of an arbitration court on a dispute about the right to immovable property

provided that:

  • there are no other grounds for refusing to issue a writ of execution,
  • the state court does not establish and exhaustively motivate the conclusion that the enforcement of such award or the award itself is contrary to the public policy of the Russian Federation (specifying what the contradiction is and the specific provisions of the public policy affected by it), provided that such a conclusion cannot be based solely on the fact that the arbitral tribunal has resolved a dispute over the right to immovable property.

Earlier, in its Ruling of 03.10.2023 N 46-P the Constitutional Court of the Russian Federation expressed a similar position, pointing out that neither procedural codes nor other federal laws directly exclude consideration by arbitration courts of disputes on rights to immovable property, nor do they introduce special requirements for arbitration of such disputes. That is, arbitration courts are entitled to resolve disputes on recognition of rights to immovable property. This possibility was previously confirmed by the Plenum of the Supreme Court of the Russian Federation.

At the same time, there may be cases when a dispute concerning immovable property simultaneously belongs to a category excluded from the category capable of being the subject of arbitration proceedings, for example, when immovable property is the subject of a privatization dispute or a dispute arising out of an agreement on the performance of contractual work for state or municipal needs.

Reference: Resolution of the Constitutional Court of the Russian Federation of 16.04.2024 N 18-P