The debtor moved abroad: how to recover a debt between Uzbekistan and Russia

If you live in Russia and the debtor lives in Uzbekistan, the simplest route is to sue in the court where the debtor lives: the judgment is then enforced where the debtor and their assets are, and you do not need to have it recognised in another country. Uzbekistan and Russia are both parties to the Chisinau Convention on legal assistance, so documents are accepted without legalisation and court judgments are mutually recognised. Below: where to sue, whether you can do it remotely, how to prove a loan without a receipt and what to do with a Russian court judgment.

Which rules apply between Uzbekistan and Russia

Civil-law relations between the two countries are governed by the Convention on Legal Assistance and Legal Relations in Civil, Family and Criminal Matters, signed in Chisinau on 7 October 2002. Uzbekistan acceded to it by Law No. ZRU-554 of 26 August 2019, and it has been in force for Russia since 28 June 2023. Since then, the Chisinau Convention has applied between the two countries instead of the 1993 Minsk Convention. Uzbekistan and Russia have no separate bilateral treaty on legal assistance in civil matters.

What the Convention means in practice:

• documents issued or certified by a state body or notary of one country are accepted in the other without legalisation or an apostille;
• civil judgments of one country's courts are recognised and enforced in the other;
• courts assist each other: they serve documents and question witnesses on request.

Where to file the claim

Under the general rule of the Convention (Article 22) and Uzbekistan's Civil Procedure Code (Article 33), a claim is brought where the defendant lives. If the debtor lives in Uzbekistan, you file with the inter-district, district (city) civil court for their address.

The Convention also allows you to go to a court in the country where the obligation was to be performed, and a money debt is, as a general rule, repaid where the creditor lives. So sometimes a claim can also be filed in Russia. But then the Russian judgment would have to be recognised separately in Uzbekistan, which adds months and costs. If the debtor and their assets are in Uzbekistan, it usually makes more sense to sue there from the start.

Example. Suppose a Russian citizen handed 300,000 roubles to an acquaintance in Tyumen, and the acquaintance then went back to Namangan. There is no receipt. The logical route is a claim in the civil court for the debtor's place of residence in Namangan region. The Uzbek judgment will be enforced by the Bureau of Compulsory Enforcement where the debtor lives and where their accounts and property are.

Which law will the court apply, and how to prove a loan without a receipt

If the parties did not choose the applicable law, a loan is governed by the law of the country where the lender lives (Article 1190 of Uzbekistan's Civil Code). The form of a transaction is governed by the law of the place where it was made (Article 1181). So if the money was lent in Russia and the lender lives there, an Uzbek court may apply Russian law.

This makes little difference to the evidence. Under Russia's Civil Code, a loan between individuals above 10,000 roubles must be in writing. In Uzbekistan the threshold is 10 BCA (base calculation amounts), i.e. 4.4 million soums. In both countries, if there is no written form, the loan cannot be proved by witnesses, but it can be proved by written and other evidence. The limitation period is three years in both countries.

What to collect:

• a Russian bank statement showing the transfer and its payment reference, if the money was transferred;
• messages in which the debtor acknowledges the debt, asks for more time or promises to repay;
• audio recordings of conversations about the debt;
• transfers from the debtor, if they have already repaid anything.

It is best to have the messages certified by a notary — in Russia or in Uzbekistan. Under Uzbekistan's Civil Procedure Code, a printout of messages without notarial certification is not written evidence (Article 89²). If the money was handed over in cash and there are no messages, try to get a written acknowledgment of the debt from the debtor, even by messenger. It serves both as evidence and as grounds for interrupting the limitation period.

Documents in Russian and a debt in roubles

Courts in Uzbekistan hear cases in Uzbek, Karakalpak or the language of the local majority (Article 11 of the Civil Procedure Code). If you do not speak the language of the proceedings, you have the right to speak in your own language and use an interpreter. Check with the court or your representative in advance whether documents need to be translated into Uzbek.

A debt received in roubles can be stated in the claim in roubles, together with its soum equivalent at the Central Bank rate on the filing date. The Civil Code allows a money obligation to be expressed in soums as the equivalent of an amount in foreign currency (Article 245). The law on enforcement of judicial acts also provides for collecting debts calculated in foreign currency. The court decides in which currency to award the debt.

The state fee in a civil court is 4% of the claim amount in soums, but not less than 1 BCA (440,000 soums) (annex to the Law "On State Duty").

Can you litigate remotely

You do not have to travel to Uzbekistan for every hearing. There are three tools.

1. A representative under a power of attorney. The power of attorney can be executed before a Russian notary: under the Chisinau Convention it is accepted in Uzbekistan without legalisation. A notarised translation may be required.
2. Electronic filing. The claim and documents can be filed electronically (Article 188 of the Civil Procedure Code), for example via my.sud.uz. This requires identification on the portal, so a foreigner often finds it easier to act through a representative.
3. Video link. At a party's request, the court may allow participation in a hearing by video if the technical means are available. The connection runs either through the court at the person's place of residence or through the mobile video system of the court hearing the case (Article 209 of the Civil Procedure Code). It is up to the court, so file the request in advance.

If the debtor does not appear, the case may be heard in their absence under default proceedings (Chapter 26 of the Civil Procedure Code).

If a Russian court has already ruled

A Russian judgment is not enforced in Uzbekistan automatically; it must first be recognised.

1. File an application for recognition and enforcement with the civil court for the debtor's place of residence or, if that is unknown, where their property is (Article 365 of the Civil Procedure Code).
2. Attach a certified copy of the judgment, a document confirming that it has taken effect and your representative's power of attorney. If the debtor did not take part in the proceedings, you need a document showing they were notified properly and in good time. If the judgment has been partly enforced, attach proof of that. The Convention allows translations into Russian (Article 56), so documents from a Russian court usually do not need to be translated.
3. Pay the state fee: 2 BCA, i.e. 880,000 soums.
4. The court considers the application within one month (Article 369 of the Civil Procedure Code). It may not review the case on the merits.
5. Once the judgment is recognised, the court issues a writ of execution, and the Bureau of Compulsory Enforcement takes over.

A foreign judgment may be submitted for enforcement within three years of taking effect (Article 364 of the Civil Procedure Code). The most common reason for refusal is that the debtor was not properly notified of the proceedings. If the case in Russia went ahead without the debtor, check how the summonses were sent.

The reverse also works: if the debtor has left Uzbekistan for Russia, an Uzbek judgment is recognised and enforced by a Russian court under the same Convention and Russian procedural law.

When to call a lawyer

Cross-border debts are more complicated than ordinary ones. Acting alone is risky if:

• there is no receipt and the loan has to be proved with documents from two countries;
• it is unclear where it is better to sue and which country's law the court will apply;
• you cannot travel and need someone to attend the hearings;
• a judgment has already been issued in Russia and needs to be recognised in Uzbekistan, especially if the debtor did not take part;
• the limitation period or the deadline for enforcing the judgment is running out.

Choosing the wrong court or preparing documents incorrectly can cost you a year. A lawyer specialising in litigation and debt recovery can help choose the country and court, prepare the evidence and represent you without personal trips.

In short

• The 2002 Chisinau Convention applies between Uzbekistan and Russia: documents are accepted without legalisation and court judgments are recognised.
• A claim is usually filed where the debtor lives — if that is Uzbekistan, with the civil court for their address.
• Without a receipt, witnesses will not help — collect transfers, messages and audio recordings and have them notarised.
• You can litigate remotely: through a representative with a power of attorney, electronic filing and a video link if the court allows it.
• A Russian judgment must be recognised in Uzbekistan: within three years, with a fee of 2 BCA, and the court decides within a month.

Photo: ほっきー, Wikimedia Commons (CC0)