New restrictions on filing documents with a court: what is to be done?

Following the restrictions on filing documents with a court set out in the resolution of the Praesidium of the Russian Supreme Court and of the Russian Judicial Council dated 18 March 2020 (between 19 March 2020 and 10 April 2020 filings should be made only via courts’ online receptions or via the Russian Post) individual Russian regions and courts have introduced additional restrictions that should be taken into account when filings are planned.

For example, in accordance with the information posted on the website of the Moscow City Commercial (“Arbitration”) Court based on the chairman’s instruction No. 6-K dated 26 March 2020, no correspondence will be accepted or sent between 30 March 2020 and 3 April 2020. On the my.arbitr.ru website a notice, referring to the above instruction is posted that the Moscow City Commercial Court has suspended all electronic filings until 6 April.

A notice on the website of the Moscow Region Commercial Court says that documents filed between 30 March and 3 April (including documents filed in electronic form and via the Russian Post) will be accepted and registered from 6 April 2020.

As specified on the website of the Russian Post, between 30 March and 1 April only 24-hour post offices will be open across the entire Russia (in Moscow, Postal Service Divisions 101000, 107241 and 121099, in St Petersburg Postal Service Division 191036).

In accordance with Order No. 34-UM of the Mayor of Moscow dated 29 March 2020 on amending order No. 12-UM of the Mayor of Moscow dated 5 March 2020, citizens are instructed not to leave their houses (places where they are staying) unless they are to: travel to a place (places) of activity which is not suspended for the quarantine period, travel across Moscow in connection with performing such activity and travel to the nearest point where services are received of which the sale has not been limited.

Recommendations:

1. We recommend that, before filing documents in a specific case, you check reasonably in advance whether there are any restrictions on filing documents in a specific region or court, and draw up a schedule when documents are to be prepared and filed with the court, taking into account the objective restrictions on the probability that 24-hour post offices will accept the correspondence.
2. If any notices regarding such restrictions are provided (including the notices in the “My Arbitrator” system), please save such notices (by making screenshots) to confirm that there is no way to file the documents in electronic form if the sending of documents is totally blocked owing to the post offices being closed.
3. If the employees of companies that are continuing to operate in the quarantine period in the regions where substantial travel limitations have been imposed have to file documents via post, such employees may need a document confirming that the relevant company is operating and that the relevant business need really exists.