Draft: this English version is pending final review.
Expert opinion on Russian law
Expert opinion on Russian law for Israeli courts
In Israeli proceedings foreign law is a fact that must be proved. I write the opinion, translate it into Hebrew and stand cross-examination on it. One specialist, no intermediaries.
01What it is
An opinion on foreign law
When an Israeli court, tribunal, bank or authority faces a question of Russian law, it is not expected to know that law itself. Its content is established by a foreign-law expert opinion (חוות דעת מומחה לדין הזר).
The opinion is a written document in which the expert sets out the Russian rules and how they are applied in practice to the facts of the case, and answers the questions put by the party or the court.
Without an opinion the court may presume that foreign law is identical to Israeli law, or treat the argument as unproven. With one, the party shapes how the court understands Russian law in its case.
חוות דעת משפטית היא מסמך כתוב שבו מומחה לדין זר מפרט את הנורמות החלות על הנסיבות הספציפיות של המקרה, לצורך שימוש בהליכים משפטיים ורשמיים.
A legal opinion is a written document in which a foreign-law expert sets out the rules applicable to the specific circumstances of the case, for use in judicial and official proceedings.
02Expert criteria
Who the court accepts as an expert
In ע"א 6796/97 the Supreme Court of Israel set out who may testify as an expert on foreign law. Personal appearance before the foreign courts is not required; what matters is the depth of connection to the legal system.
A lawyer in that legal system
Practising advocate, Moscow Bar Chamber, register no. 77/15352
An academic degree in law
Candidate of Legal Sciences; recognised by the Israeli Ministry of Education as a third (doctoral-level) degree
Genuine practical experience
23 years in practice: 16 as investigator and prosecutor, then as advocate
The Israel Bar keeps a list of persons with knowledge of foreign law and states expressly that it does not verify their qualifications. The expert is therefore tested against the Supreme Court criteria and on cross-examination.
03Qualifications
Six reasons the opinion is accepted
Practising advocate in Russia
A continuous professional connection with Russian law and current case law.
Israel Bar licence
The opinion is written with an understanding of the question before the Israeli court and its rules of evidence.
Academic degree
Candidate of Legal Sciences, recognised by the Israeli Ministry of Education as a third degree.
23 years in practice
Investigator, prosecutor, advocate. Civil, commercial and criminal cases, insolvency.
Two legal systems
Russian concepts are explained in terms familiar to an Israeli judge, without losing precision.
No intermediaries
One person writes the opinion, translates it and defends it in court.
04Scope
What the work includes
Written opinion
Answers to the questions put, with references to statutes, guidance of the higher courts and case law. Annexes: texts of the provisions and decisions.
Hebrew translation
The opinion is filed in Hebrew. I translate it myself, so the terminology matches the original.
Examination of the expert
Attendance at the hearing and cross-examination, including by video link. Charged separately.
Counter-opinion
Analysis of the other side’s opinion, a responding opinion and questions for cross-examining its expert.
05Process
How an opinion is prepared
Documents
You send the pleadings and the questions to be answered.
Assessment of the question and timing
I say whether an opinion can be given in the direction sought, and by when.
The opinion
Russian text, Hebrew translation and a signed copy for filing.
Hearing
Where needed: examination in court or by video link.
06Typical cases
When an opinion is needed
Russian court judgments
Reciprocity, finality, enforceability and the defendant’s procedural rights.
ICAC awards
Finality of the award for the purposes of the 1958 New York Convention.
Freezing orders and exit bans
Prima facie proof of a debt under Russian law before the main case is decided.
Debt and status under Russian law
Validity and amount of the claim; powers of the Russian officeholder.
Property division and forum
Availability of the Russian forum, matrimonial property regime, civil-status records.
A document that cannot be obtained
Why Russian law does not allow the certificate requested by the Israeli authority to be issued.
Video testimony from Russia
Absence of a prohibition in Russian law as a condition under Rule 72.
Russian law in a criminal case
Currency and corporate regulation, sentencing provisions, preclusive effect of a conviction.
07Case law
Decisions in which the court relied on a Russian-law opinion
Published Israeli decisions. This is a survey of case law, not a list of my own cases.
Reciprocity with Russia: the “reasonable potential” test
Exit ban and interim receiver granted on a Russian-law opinion, before enforcement proceedings ended
Appeals Tribunal: foreign law is proved by an expert opinion, not by printouts of statutes
Video testimony from Russia refused for lack of a foreign-law opinion (Rule 72)
08Timing
Turnaround
Usual turnaround: 5–10 business days from receipt of the documents.
09Questions and answers
Must the expert hold an Israeli licence?
How are the expert’s qualifications established?
Can the other side challenge the opinion?
What if Russian law does not support my position?
10Request a case assessment
Request a case assessment
A reply within 1–2 business days.
Your message is ready
Your mail app should have opened with a prepared message: send it and attach your documents. If it did not open, write to naumov.advokat@gmail.com.