An asset freeze securing a Russian subsidiary-liability claim should generally leave an individual defendant able to meet necessary expenses. If the order did not provide for family living needs and reasonable representation costs, the defendant can request partial cancellation. A targeted calculation and supporting records are needed.
This guide is for a director, shareholder or other individual facing a claim in a company’s bankruptcy case. It addresses a specific interim restriction. The grounds for subsidiary liability and general bankruptcy interim-measure rules are explained separately.
▤ Order
Identify the amount, assets, addressees and exact scope of the restraint.
⌂ Need
Document the individual defendant’s and dependants’ necessary expenses.
⚖ Partial release
Request a specific exception while preserving the remaining security.
① A freeze is not a final debt award
Articles 90 and 91 of the Russian Commercial Procedure Code govern temporary protection: a risk to enforcement or significant loss, and proportionality of the restraint. Freezing an account does not decide whether liability exists or its amount. Do not rely solely on saying that liability has not yet been established: address the reasons given for this particular measure.
Article 61.16(5) of Federal Law No. 127-FZ permits measures against the defendant’s assets and assets of other persons controlled by the defendant on the specific basis in Article 61.10(4)(2). Kinship or a shared surname alone does not establish that basis. If another person’s asset is affected, examine its ownership and the legal basis for extending the measure separately.
Obtain the complete order, the interim-relief application and enforcement records. Note the bankruptcy case and separate dispute references, date, amount ceiling, assets and banks. An attachment and a prohibition on outgoing transactions may have different practical effects: use the operative part of the order.
② Family and representation costs: a specific clarification
Paragraph 36.1 of Supreme Court Plenum Resolution No. 53, added on 23 December 2025, requires regard to reasonably necessary living expenses of the individual defendant and dependants, together with reasonable representation costs. If the freeze did not address these matters, it provides for a motion for partial cancellation under Article 97.
This does not authorise unrestricted spending of the account balance or automatic payment of any legal fee. Set out a clear period, purpose and supporting amount. Separate monthly needs from one-off expenses, personal costs from company costs, and services already paid for from upcoming payments.
③ Build the evidence pack
| Establish | Attach | Explain |
|---|---|---|
| Actual restraint | Court order, bank response and account statements | Which transactions and amounts are unavailable |
| Dependants | Family and dependency records, income information | Who is supported and from which resources |
| Necessary expenses for the period | Housing contract, utility bills, medical prescriptions, receipts and calculation | Why the expenses are needed and how the amount was calculated |
| Representation costs | Engagement agreement, scope, stages, invoice and payment information | Connection to the dispute, reasonableness and no duplicate payment |
| Other available resources | Statements and income information for a comparable period | Why accessible sources cannot cover the need |
Reference the attachment and page for every item. Reconcile invoices in one schedule to avoid counting the same payment twice. Explain large variations and irregular expenses. A statement that all money is blocked, without account records, does not let the court assess the need.
Documented necessary family costs for the selected month are RUB 75,000; RUB 20,000 is covered by other available funds. The uncovered need is RUB 55,000. A separate upcoming representation fee for the identified stage is RUB 30,000. The motion therefore explains RUB 55,000 + RUB 30,000 = RUB 85,000, separating purposes and evidence. This is not an amount the court must release, nor permission to repeat a one-off fee every month.
④ Specify the requested relief
Address the motion to the court hearing the case that granted the measure and identify the separate dispute. The relief must be capable of implementation: which freeze, which funds, what amount and what period should be partially released. Check implementation details and account identifiers against the existing order rather than only the bank’s interface.
“In bankruptcy case [reference], separate dispute [reference/parties], the order dated [date] imposed [measures]. Under Article 97 and Plenum No. 53, paragraph 36.1, I request partial cancellation of the attachment of funds [identifiers] in the amount of [amount] for [expenses and period]. Itemised calculation: [amounts, available coverage, attachments]. This motion does not request cancellation of the remaining security. Attached: [list], authority documents and evidence of service as required by the applicable procedural rules.”
This is an outline to adapt to the facts. If challenging the underlying risk or overall proportionality, state those grounds separately. Before filing, check the applicable court fee, exemption or deferral request for your application; the frozen amount is not a court-fee calculation.
⑤ Filing, the ruling and implementation
- Check the pack and file a signed motion with the calculation and evidence. Retain proof of receipt.
- Track this particular application and hearing. The general Article 97 procedure provides a five-day period for deciding cancellation; this is not a promise that the bank will actually unblock funds within five days.
- Read the operative part of the new ruling. Compare the granted amounts, period and identifiers with your request.
- Identify who must receive the ruling and by which route for implementation. Obtain confirmation of processing and check the permitted operations.
- Retain evidence of the specified expenses. If cancellation is refused, assess an appeal; new circumstances may justify a renewed motion under Article 97(6).
Suspension of the determination of the subsidiary-liability amount does not itself end the security: Article 61.16(7) expressly preserves the measures during that period. Do not route funds through relatives or assume that opening another account circumvents the restraint. Obtain the appropriate ruling and its implementation.
Frequently asked questions
Can assets be frozen before a final liability ruling?
Yes. Interim relief can precede resolution of the claim. Its necessity, subject matter and proportionality are assessed separately from the final award.
Will all family expenses be allowed automatically?
No. Identify dependants, period, necessity, available resources and evidence for every amount. The request must be verifiable.
Can funds be requested to pay a representative?
Yes. Paragraph 36.1 expressly addresses reasonable representation costs. Prove the engagement, stage, price and payment position; a fee does not become reasonable automatically because it appears in a contract.
Will the bank lift the restraint once the motion is sent?
Filing does not replace a ruling granting partial cancellation. Check the judicial outcome and implementation, and whether other independent restrictions remain.
Is completion of the company’s bankruptcy enough?
Do not assume so without reviewing the secured dispute and orders. In particular, measures remain during suspension of the determination of liability quantum under Article 61.16(7).
Primary legal sources
Checked on 26 October 2026. Federal Law No. 127-FZ: edition of 4 August 2026; Commercial Procedure Code: edition of 15 December 2025, effective 1 January 2026; Plenum No. 53: edition of 23 December 2025. Future amendments were not applied. Sources below are in Russian.
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