A F F I D A V I T
I, KARINA DUVALL, being duly sworn, depose and say:
1. I am admitted to practice law in the Russian Federation. I have over 15 years of high level experience in Matrimonial, Family, and Civil Law of the Russian Federation as well as in International Law.
2. I am 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. I have provided many testimonies as a Russian Legal Expert in various foreign courts, especially, in United States.
3. My clientele consists of individuals of all nations who need expertise in Russian law. I specialize in Family and International Private Law and my area expertise is complex multi-jurisdictional family and matrimonial cases.
4. My qualifications include but are not limited to:
- Providing expert witness services regarding Russian Matrimonial, Family, Civil, Contract, Corporate and Tax Law.
- Representing clients in the Russian Federation’s court actions of divorce, separation, property division, spousal maintenance, child custody and support.
5. I have Master Degree in Law: Law school of the Saint Petersburg State University, Saint Petersburg, Russian Federation, 1997. I have Bachelor of Law: Law school of the National Law Academy of Ukraine, Kharkov, Ukraine, 1995.
6. I represent clients in various Russian courts of law. I successfully resolved over 300 cases. My extensive practice in International, Civil, and Family law was highly acclaimed in legal magazines, newspapers, and websites. Legal actions where I acted as an attorney are published in official legal resources and considered as persuasive authorities in terms of implementation of Russian statutes. My duties are:
- Litigation in civil actions.
- Preparing pre-trail documents including: petitions, responses, interrogatories, subpoenas, affidavits, notice of depositions, settlement letters, and stipulation.
- Representing clients during depositions, settlement conferences, and motion hearings.
- Representing clients during trial activities: opening statements, introduction of evidence, direct and cross examination of witnesses, and closing arguments.
- Providing legal opinions on Civil, Family and International Law of the Russian Federation.
- Enforcement of foreign courts decisions and awards of international arbitration intuitions.
7. I carefully studied all conclusions and facts pertaining to the case of Mr. Smith. I know that Mr. Smith was married in 2010 in Moscow, Russian Federation. I know that Mr. Smith is owner of property located at Canada from 2009. I know that his wife never resided at this property.
8. According to Art. 209 of Civil Code of Russian Federation, owner of property can possess, use, and dispose of his property. The owner can have the discretion to make in respect of his property any legal actions. The provisions of Article 549 of the Civil Code provides for the sale of real estate.
9. Disposal of property belongs only to its owner. According to Art. 2 of the Federal Law № 122-FZ dated July 21, 1997 "On state registration of rights to immovable property and transactions with it", the state registration of rights are a legal act of recognition and confirmation of ownership under the Civil Code of the Russian Federation. Deed is the only proof of the existence of a registered right. We can see from the “Deed of Sale” that Mr. Smith is sole owner of property, located at Canada. Therefore, it is he, and no one else, has the rights to sell this house.
10. The rights to dispose of property belonging to Mr. Smith not limited to the provisions of the Family Code of the Russian Federation also.
11. According to Art. 34 Part 1 of the Family Code, only the property acquired by the spouses during their marriage is marital property. By Art. 35 of the Family Code of Russian Federation, the mutual assent of spousal need only in case of disposal their marital property.
12. Article 36 of the Family Code explicitly provides that property owned by each spouse before marriage, is his or her property. Disposal of premarital property is free and does not require the consent of the other spouse.
Based on the above, guided by Art. 36 of the Family Code of Russian Federation, Articles 209, 549 of the Civil Code of Russian Federation, Art. 2 of the Federal Law № 122-FZ dated July 21, 1997 "On state registration of rights to immovable property and transactions with it", I affirm according to the law, that the sale of property, owned by Mr. Smith, absolutely does not require the consent of his wife.