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Property issues

I, KARINA KRASNOVA, being duly sworn, depose and say:

1. I am an attorney duly licensed to practice law in the Russian Federation. My registration number is 78/857. My specialty is matrimonial and family law in the Russian Federation.

I have been licensed by the Appellate Division, 2nd Judicial Department of the Supreme Court of the State of New York as a legal consultant from Russia pursuant to Section 53(6) of the Judiciary Law of the State of New York, as limited by Part 521 of the Rules of the Court of Appeals, and in accordance with the rules of the Court. I am often called to testify in the United States courts as an expert on Russian laws.

EDUCATION - Master Degree in Jurisprudence:

1995 - 1997: Saint Petersburg State University

1990 - 1995: Ukraine's National Law Academy

2. My clients consist of individuals of all nations who need representation in Russia in matrimonial matters. I operate with both foreign and Russian clients; the international side of my practice sees me acting primarily as a Russian divorce lawyer where one party, or both, is a foreign national. Upon taking a case, I seek to tailor an individual approach that allows them to achieve the best possible result in a timely and cost-effective fashion. My services extend to divorce, child support, maintenance, custody, property division, inheritance and related fields of law. I prepare of expert’s report for American and foreign courts concerning family and matrimonial law. I have juridical practice since 1991.

I have authored numerous articles in both Russian specialist and popular publications in Russia and United States and have been the recipient of several awards relating to my professional work in legal research. I also regularly participate in legal discussions on TV, especially on Family, Matrimonial and International Law, which is becoming an increasingly important facet in the entire world. My expert opinion have been used in courts of New York, Michigan, California, and also France, Belgium, Switzerland, Czech Republic.

3. I worked in the capacity of lawyer on civil, family and criminal cases in courts of the general jurisdiction, appeal courts, arbitration, Supreme Court of Russia. I successfully tried over 800 cases of different complexity in courts. I represented interests of foreign citizens and Russian citizens overseas. I handled all aspects of International Private Law. I rendered help in legal paper work in Russia and abroad. I provided many consultations and publications in legal fields for magazines, newspapers, Internet sites and legal databases.

4. Regarding the information requested, I declare as follows:

5. Pursuant to the law, all property acquired by the spouses during their marriage is marital property no matter which spouse’s name is on the title or who contributed funds toward acquiring that property. However, a Russian court has no jurisdiction over United States property under express provision of law.

6. Pursuant to Russian law, pension funds of the spouses, education earned by each of the spouses during their marriage, licenses held by the spouses, corporations and business entities registered abroad are defined as non-marital or separate property.

7. Additionally, Russian courts have no jurisdiction over real estate located abroad. Pursuant to Article 30 part 1 of the Code of Civil Procedure of the Russian Federation, disagreements and any claims concerning real estate property including but not limited to rights to land, subsoil, properties, both residential and non-residential, structures, construction projects and other objects making an integral part of the land (as a property) are subject to the exclusive jurisdiction of the location of the real estate property.

8. Pursuant to Article 409 of the Code of Civil Procedure of the Russian Federation, judgments of foreign courts including inter alia civil matters are recognized and enforced in the Russian Federation if there is a pertinent international treaty with the Russian Federation. There is no such international treaty between the Russian Federation and the United States. Therefore, no judgment of a competent U.S. court would be recognized and enforced in the courts of the Russian Federation.

9. The Statute of Limitations in Russian Family Law is rather arbitrary. The Statute of Limitations does not commence from the date of divorce. It starts running from the time when the spouse knew or should have known about the violation of his or her rights. In practice, this means that either spouse may bring a property dispute to the Russian court at any time. Neither side in this litigation is currently precluded from seeking remedy in the Russian court to resolve property disputes.

10. Since the Russian court has exclusive jurisdiction over the Russian property disputes, it is illegal to commence a lawsuit in the U.S. court at the same time.

KARINA KRASNOVA

Karina Duvall
Articles and consultations authored by attorney reflect the state of law as of the date of their writing. The laws change daily. Users of this site are advised to consult attorney regarding their situation.
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