Commercial courtJudicial bankruptcy is not dealt with by a justice of the peace or a district court.Place of residenceRegistration is the starting evidence, but may be challenged with proof.Check before filingCompare addresses, relocation dates and documents, then check the court’s official website.Where should an individual file for bankruptcy?
Article 33 of Law No. 127-FZ and Article 38(4) of the Commercial Procedure Code link territorial jurisdiction to the debtor. The case is heard by the state commercial court for the relevant constituent region of Russia. The Russian term “arbitrazh court” refers to a state court here, not private arbitration: a bankruptcy case cannot be referred to a private arbitral tribunal.
A consumer loan does not change this rule. A bank may previously have recovered the debt in a court of general jurisdiction, but the subsequent personal bankruptcy case falls within a different court system. The location of the court that awarded the debt does not determine bankruptcy jurisdiction either.
Choosing the correct court is separate from satisfying the conditions for bankruptcy. Correct jurisdiction does not mean that the petition is well-founded or that every debt will be discharged. Eligibility and the document package are discussed in the guide to starting personal bankruptcy in Russia.
Registered address or actual residence?
Under Article 20 of the Civil Code, residence is where an individual lives permanently or predominantly. Paragraph 5 of Supreme Court Plenum Resolution No. 45 allows registration documents to establish residence; an extract from the individual entrepreneurs register can also be relevant for an entrepreneur. The court may verify an address with the registration authorities.
Permanent registration is usually the starting point. However, temporary registration, a rented home in another region or a recent change of address require an assessment of the circumstances. Neither “only the passport stamp matters” nor “any rental agreement is enough” is a reliable automatic rule.
In Ruling No. 306-ES19-3574 of 29 July 2019, the Supreme Court treated residence at the registered address as a rebuttable presumption. Where artificial changes of jurisdiction are alleged, the debtor’s actual connections with the region matter. The ruling does not permit free choice of the most convenient court: it requires examination of actual residence and good faith.
Typical situations and the appropriate court
| Situation | Starting point | What to check |
|---|---|---|
| Residence and registration in Moscow city | Commercial Court of Moscow | Whether the address is within Moscow city |
| Residence and registration in Moscow Region | Commercial Court of Moscow Region | The city and the surrounding region are different constituent regions; their courts are not interchangeable |
| Permanent registration in one region, work and accommodation in another | Actual residence requires assessment | Duration, stability and evidence of residence |
| Relocation before filing | The new address is assessed with the circumstances of the move | Whether the move is real or jurisdiction has been changed artificially |
| Relocation after a petition was accepted with proper jurisdiction | The case generally remains with the accepting court | Article 39 of the Commercial Procedure Code; notification of the new service address |
| Residence is unknown or is outside Russia | The last known Russian place of residence shown by registration documents | Evidence of the former address; specific international jurisdiction questions where a foreign element exists |
Illustrative example. An individual lives and is registered in Khimki but took out a loan at a bank branch in Moscow. The branch address alone does not move the bankruptcy case to the Commercial Court of Moscow. In the absence of other circumstances, Moscow Region is the relevant starting point. This illustrates the rule and is not a report of an actual case outcome.
For a move before filing, there is no universal rule that waiting exactly six months eliminates all questions. The circumstances are assessed together. Fictitious registration to obtain a different court risks a jurisdiction dispute, extra costs and transfer of the case.
- 1. Establish residenceRegistration and actual stable connections with the region.
- 2. Check special circumstancesRelocation, a foreign address or an accepted petition requires separate assessment.
- 3. Select the regional courtThe state commercial court; Moscow city and Moscow Region have different courts.
- 4. Reconcile the documentsExplain differing addresses and check the official court website before filing.
Evidence supporting territorial jurisdiction
- Documents confirming permanent registration and, where applicable, temporary registration.
- Previous addresses and dates of registration changes where relevant to the choice of court.
- For an individual entrepreneur, current register information compared with residential registration records.
- If actual residence is disputed, a tenancy agreement or property documents, employment and family evidence, and other relevant proof of a stable connection with the location.
- A written explanation of differing addresses with a list of supporting documents.
Not every document on this list is compulsory in an ordinary case. Evidence should address the disputed fact. For example, owning a flat does not by itself establish that the individual predominantly lives there. Avoid submitting unnecessary personal information that does not support the relevant circumstances.
Checks before filing a petition
- Identify the region. Compare registered and actual residence and identify facts that may attract objections.
- Find the state commercial court. Use the Russian courts directory, then verify current contacts and filing arrangements on the selected court’s official website.
- Check for an existing case. If another creditor’s petition has been accepted, participation must take account of that existing proceeding. Do not create a parallel case in another region.
- Make the document package consistent. The court name, debtor information and supporting documents should not contain unexplained contradictions.
- Monitor court orders. After filing, check acceptance, orders requiring defects to be remedied and other rulings, rather than relying solely on confirmation that documents were sent.
Before acceptance: improper jurisdiction may result in return of the petition under Article 129(1)(1) of the Commercial Procedure Code. Examine the order, correct the court and supporting documents, or assess grounds for appeal. Return of the petition does not decide discharge eligibility on the merits.
If improper jurisdiction is discovered after acceptance, Article 39 of the Commercial Procedure Code provides for transfer to the appropriate court. If jurisdiction was correct at acceptance, a later move generally does not require transfer. The particular action depends on the procedural stage and the court order; filing again without examining an existing proceeding can complicate matters.
MFC applications follow a different route
Out-of-court bankruptcy does not begin with a petition to a commercial court. Article 223.2 of Law No. 127-FZ provides for an application to an MFC at the place of residence or temporary stay, subject to the procedure’s eligibility conditions. Court-selection rules should therefore not be mechanically applied to MFC selection, and not every office in every region can be assumed to accept the application.
The MFC bankruptcy eligibility test helps with an initial assessment. The MFC bankruptcy directory covers 11 offices in Moscow Region and the official route for Moscow city; it is not a nationwide directory of every Russian MFC.
Frequently asked questions
Should I apply to a district court if I am not an entrepreneur?
No. Judicial personal bankruptcy is heard by a state commercial court. Individual entrepreneur status is not required.
Can the court be chosen by the bank’s address?
The creditor’s address does not determine territorial jurisdiction for an individual’s bankruptcy. The primary connecting factor is the debtor’s place of residence.
Is temporary registration enough to select a region?
It may be relevant evidence but does not remove the need to establish residence. If permanent registration is in another region, assess all the circumstances in advance.
Does moving after acceptance automatically change the court?
No. A properly accepted case generally stays with the same court. Notify the court of a new address for service promptly.
Can a lawyer assess this remotely?
Yes. Documents and the circumstances affecting jurisdiction can be reviewed online. Whether personal attendance is needed for a particular procedural step is assessed separately.
Check jurisdiction before filing
We can assess registered and actual residence, relocation history, relevant evidence and the next procedural steps. Representation of debtors and creditors, with online assistance throughout Russia.
Discuss your situation with a lawyerLegal sources
Checked on 6 October 2026. The links provide Russian statutory provisions and court decisions. Their application depends on the facts of the particular case.
- Article 33 of Law No. 127-FZ.
- Article 38 of the Commercial Procedure Code and Article 39.
- Article 20 of the Civil Code.
- Official Supreme Court publication of Resolution No. 45; Supreme Court Plenum Resolution No. 45 of 13 October 2015, paragraphs 4–5.
- Supreme Court Ruling No. 306-ES19-3574 of 29 July 2019.
- Article 223.2 of Law No. 127-FZ.
- Article 129: return of a petition.