Asset Freezing in a Russian Criminal Case: What to Do

People do not always learn that their property has been frozen in a courtroom. A bank card may suddenly stop working. A car owner may discover a restriction when trying to sell the vehicle. Someone whose phone, money or documents were taken during a search may assume for several weeks that the items were simply seized, only to discover later that a separate court decision has imposed restrictions on the property.

This article deals specifically with restrictions imposed on property in Russian criminal proceedings. It does not concern sanctions-related asset freezes or restrictions imposed by a bank under Russian anti-money-laundering legislation, including Federal Law No. 115-FZ.

The first question is usually straightforward: what can be done now, and when will the property become available again?

The first step is to establish what has actually happened. Property taken during a search and property subjected to an asset freezing order are not the same thing. An object may be physically removed during a search without that fact alone determining its later procedural status. Conversely, an apartment or vehicle may remain physically with its owner while the owner is no longer free to sell, transfer or otherwise dispose of it.

In short: obtain the relevant procedural documents and identify the legal basis for the restriction. Check exactly which property is covered and what the court has prohibited. Establish who owns the asset and why the investigators asked for restrictions to be imposed. If the original decision is open to challenge or the need for the restriction has since disappeared, it may be possible to challenge the order, seek narrower restrictions or ask for the measure to be lifted.

What does asset freezing under Article 115 mean?

Article 115 of the Russian Criminal Procedure Code regulates the attachment of property as a procedural coercive measure.

There is no perfect everyday English equivalent for the Russian procedural term. In this article I use asset freezing for the restrictions imposed under Article 115 because the measure may prevent an owner from disposing of property without necessarily involving its physical removal.

The order may prohibit disposal of an asset, restrict its use and, in some cases, provide for the property to be physically removed and placed in custody.

The word “frozen” therefore does not tell you everything. A vehicle may remain with its owner while sale or re-registration is prohibited. A family may continue living in an apartment even though registration of a transfer is restricted. Where money in a bank account is affected, outgoing transactions may be stopped in whole or in part within the amount covered by the order.

The court order itself matters. It should be read to establish exactly what restrictions apply to the particular asset.

Why can property be frozen in a criminal case?

Asset freezing is not a punishment. It is used for specific procedural purposes, including securing a civil claim, a possible fine, other financial recovery or potential confiscation where Russian law permits it.

An investigator, with the consent of the head of the investigative authority, or an inquiry officer, with the consent of the prosecutor, applies to the court. When deciding the application, the court must consider the factual basis for the measure and determine the restrictions affecting possession, use and disposal of the property.

When reading the order, the first question should not simply be how much the apartment, car or account is worth. The more useful question is why this particular asset had to be restricted in this particular criminal case.

An order intended to secure a civil claim raises one set of issues. An order based on an allegation that the property may be subject to confiscation raises another. The legal basis affects the arguments available to the owner.

Why can an owner find out only after the court has made its decision?

This happens regularly.

The investigators’ initial application is considered under Article 165 of the Russian Criminal Procedure Code. As a general rule, the procedure provides for participation by the prosecutor, investigator or inquiry officer. A property owner, particularly a third party who is not suspected or accused of an offence, may therefore first become aware of the order only after it begins to be enforced.

In practice, the first sign may be a bank refusing an outgoing payment, a restriction appearing against a vehicle or a problem arising when the owner tries to deal with real estate.

That is why an unexpected restriction should normally be followed by obtaining the court order itself. The owner needs to know what the court decided, the legal basis relied upon and the precise scope of the restriction.

The fact that the owner did not participate in the initial hearing does not remove the right to judicial protection. Russian constitutional case law has repeatedly recognised the need for effective protection of people who are not themselves suspects or accused persons but whose property rights have been restricted in criminal proceedings. Where the period of asset freezing is later extended, Article 115.1 expressly provides for participation by the person whose property has been affected.

What property can be affected?

Money, vehicles, real estate, securities, ownership interests and other assets may be affected where the statutory grounds for the measure exist.

The value of the property can also matter. Where restrictions are imposed to secure a financial claim or another monetary recovery, the extent of the measure should be considered in light of the purpose for which it was ordered.

Property protected from enforcement requires separate analysis. Article 115(4) of the Russian Criminal Procedure Code provides that property which cannot be subject to enforcement under the rules of Russian civil procedure should not be subjected to this measure.

Real estate therefore requires more than simply seeing an apartment listed in a court order. It may be necessary to determine whether the property is the owner’s only dwelling suitable for permanent residence, whether any statutory exceptions apply, including those concerning mortgaged property, and why the investigators sought the restriction in the first place.

Third-party property in Russian criminal proceedings

Third-party property in Russian criminal proceedings may be affected even where the owner is neither a suspect nor an accused person.

Article 115 allows restrictions to be imposed on property held by another person where there are sufficient grounds to believe that the asset was obtained as a result of criminal conduct by the suspect or accused, or was used or intended to be used for purposes expressly identified by law.

The important issue is the connection between the property itself and the statutory basis relied upon. Being a relative, business partner, employee or acquaintance of an accused person is not enough by itself.

For a third-party owner, evidence showing the history of the asset may become particularly important. This may include contracts, payment records, bank transfers, acquisition dates, company accounting documents and other material showing where the property or the money used to purchase it actually came from.

Property belonging to a spouse or relative

A family relationship does not by itself make another person’s property part of the criminal case. At the same time, a registration entry showing one spouse as owner may not always resolve the issue.

Where an asset was acquired during marriage, it may be necessary to examine the matrimonial property regime, the date and source of acquisition, any marital agreement and other relevant circumstances. If investigators allege a connection with criminal conduct, the evidence supporting that connection must also be examined separately.

The important questions may therefore include not only whose name appears on the title, but when the asset was acquired, how it was paid for and what the documentary history shows.

If company property has been frozen

For a business, restrictions on an asset may cause considerably more damage than the formal value of the property suggests. Money in an account may be needed for payments. A vehicle may be part of daily operations. Equipment may be essential to production. A restriction affecting commercial property may prevent an already negotiated transaction from going ahead.

If the property belongs to a legal entity that is not itself the accused person, the basis on which investigators connect the particular asset with the criminal proceedings needs to be examined. The fact that a director, owner or another person connected with the company has become involved in the investigation does not by itself determine the legal status of company property.

It can also be useful to document the practical effect of the restriction on the business rather than addressing ownership and the source of the asset alone.

Where the criminal matter begins to affect contracts, payments and ordinary company operations, the wider position may also require External Legal Counsel for Business. If the same events create a risk of personal claims against a director, owner or controlling person, see Director and Owner Liability in Russia.

How long can third-party property remain restricted?

Property belonging to people who are not suspects, accused persons or persons legally responsible for their conduct is subject to separate judicial control over the duration of the measure.

Extensions are governed by Article 115.1 of the Russian Criminal Procedure Code. The investigators must identify circumstances supporting the continued need for the restrictions. The court may extend the measure, alter its scope, refuse an extension in part or lift it.

The law also requires the duration of the interference with third-party property rights to remain reasonable. The fact that the criminal investigation is still continuing does not mean that restrictions on another person’s property cease to require judicial scrutiny.

Frozen bank account in a Russian criminal case

A frozen bank account in a Russian criminal case is often discovered in the least convenient way possible. An ordinary payment fails and the account holder suddenly finds that money cannot be used.

Under Article 115, operations on a bank account may be stopped in whole or in part within the amount of money or other assets covered by the court order. An asset freezing order therefore does not necessarily mean that every rouble in every account has been blocked. The wording and amount stated in the particular order have to be checked.

Since 1 September 2025, the Criminal Procedure Code has also contained a separate procedure that should not be confused with an asset freezing order under Article 115. Article 115.2 allows an investigator, with the consent of the head of the investigative authority, or an inquiry officer, with the consent of the prosecutor, temporarily to suspend certain operations involving money in circumstances specified by that provision.

The procedure may apply during pre-trial proceedings where there are sufficient grounds to believe that bank accounts, electronic money or funds paid in advance for communications services were used in connection with an offence in the manner covered by Article 115.2.

The suspension may last for no more than 10 days and applies within the relevant amount. It concerns specified operations and does not itself mean that the money has been physically seized and transferred into custody.

If grounds for a longer restriction remain, the question of obtaining a court order under Article 115 must be dealt with during that period. If no such court order has been received by the end of the statutory period and the suspension has not already been cancelled, the operations resume.

So the statement “the investigators froze my account” does not yet tell you what has happened legally. The first question is whether the restriction is an asset freezing order under Article 115 or a temporary suspension under Article 115.2.

Has your bank account, vehicle or other property been restricted?

If all you know is that the bank has stopped processing transactions, a vehicle can no longer be transferred or another asset is subject to restrictions, start with the procedural documents. They will show the legal basis, scope and duration of the measure and make it possible to decide what should be done next.

Discuss Your Case

Choose the most convenient way to contact me. Briefly describe what has happened and the current stage of the case. I will reply and let you know what information or documents I need to review the situation.

How is asset freezing different from property taken during a search?

The two are particularly easy to confuse after a search.

During a search, investigators may physically remove money, documents, a phone, a computer or other objects. That tells you what happened to the item during the investigative action, but it does not by itself determine its later procedural status.

An asset freezing order under Article 115 serves a different purpose. It places legal restrictions on the property to the extent specified by the procedural decision.

After a search, it is therefore important to look beyond the search protocol and the list of items removed. You may need to establish whether an item has been recognised as physical evidence, whether a separate court order has imposed restrictions and on what basis the property continues to be held.

The procedure during the search itself is explained separately in Search of Premises in Russia: What to Do.

How to challenge an asset freezing order and have the restrictions lifted

A court order imposing restrictions on property may be challenged on appeal. The general time limit for an appeal is 15 days from the date on which the judicial decision was made.

This is where late discovery of the order becomes particularly important. If an owner did not participate in the initial hearing and found out only after enforcement had begun, the court order should be obtained immediately and its date checked. If the appeal period has already expired, the possibility of restoring the missed deadline has to be considered separately under the Criminal Procedure Code.

Challenging the original order and later asking for the restrictions to be lifted are not the same thing.

The owner’s position may be that the court should never have imposed the measure in the first place. The material before the court may not have established the necessary connection with the criminal case, the legal status of the property may have been overlooked or the extent of the restrictions may not have been justified by the circumstances relied upon by the investigators.

A different situation arises where the original order had a proper basis but circumstances changed later. The question then becomes less about whether the court was wrong several months ago and more about why the restriction still needs to remain in place now.

Article 115(8) allows the person whose property has been affected to make a reasoned application seeking alteration of the restrictions or removal of the asset freezing measure. Under Article 115(9), the restrictions are lifted where the need for them has disappeared, the period fixed by the court has expired or the court refuses a further extension.

A general statement that “I need my property back” rarely addresses the legal issue on its own. The more useful material is usually specific: evidence of lawful acquisition, proof that the property belongs to another person, documents undermining the alleged connection with the offence, a change in the amount of the relevant claim or evidence that the procedural purpose can now be achieved without maintaining the same restrictions.

What happens when the criminal case ends?

Restrictions on property should not continue simply because they once existed. When the procedural purpose for which they were imposed disappears, their continued necessity has to be addressed.

The result depends on why the measure was imposed. Property potentially subject to confiscation raises one issue. Property restricted to secure a civil claim, fine or another financial recovery raises another. For third-party property, it is also necessary to ask whether any statutory basis remains for continuing to interfere with the owner’s rights.

After a criminal case is discontinued, the allegation changes or a final court decision is made, it is sensible to check each affected asset separately. The fact that the criminal proceedings have ended does not necessarily mean that a registration restriction disappears on the same day or that a bank has already received the document required to restore access to the account.

If you are outside Russia

Being outside Russia does not stop the procedural time limits from running. If you discover that Russian property or a Russian bank account has been frozen while you are abroad, the first practical step is to obtain the court order and establish when it was made. The general appeal period is 15 days from the date of the judicial decision, so waiting until a future trip to Russia may make the procedural position more difficult.

A person whose rights and legitimate interests are affected by the court decision may challenge it in the relevant part even if that person is not an accused person in the criminal case.

In many cases, the first stages can be handled through a Russian lawyer without the owner travelling to Russia simply to begin reviewing the restriction. The precise authority required from the lawyer or representative depends on the owner’s procedural position, the documents that need to be obtained and the particular application or appeal being filed.

If a power of attorney is prepared outside Russia, its form, certification, legalisation or apostille requirements and Russian translation should be checked for the country in which it is issued. There is no single document format that should be assumed to work in every jurisdiction.

Lack of access to a Russian bank card or online banking does not prevent the legal basis for the restriction from being examined. What matters first is the procedural decision, the affected account or property, the amount or scope of the restriction and the date on which the court acted.

If the appeal period may already be running or may have expired, it is better to deal with that question immediately rather than wait until the owner can return to Russia.

Common questions

Does an asset freezing order mean that the property will be physically taken away?

No. The order may prohibit disposal of the property and, where appropriate, restrict its use. In other cases the asset may also be physically removed and placed in custody. The actual restrictions have to be checked in the procedural documents.

Can property belonging to a relative be frozen?

Family relationship alone is not enough. However, property belonging to another person may be affected where the statutory requirements are met and there is a sufficient basis to connect the asset itself with the circumstances specified in Article 115.

Can a person’s only home be affected?

It depends on the legal basis for the measure and the status of the property. Article 115(4) prohibits restrictions on property which cannot be subjected to enforcement under Russian civil procedure. The fact that a property is the owner’s only dwelling suitable for permanent residence may therefore be highly relevant, but the precise basis for the proposed restriction, the legal status of the property and statutory exceptions, including those concerning mortgages, must also be checked.

My bank account was frozen without a court order. Is that unlawful?

Not necessarily. Since 1 September 2025, Article 115.2 has allowed certain transactions to be suspended temporarily for no more than 10 days before the question of obtaining a court order under Article 115 is resolved. The first step is therefore to establish the legal basis on which the restriction was imposed.

How long do I have to appeal an asset freezing order?

The general appeal period is 15 days from the date on which the court decision was made. If the owner learned about the order later and the period has already expired, the possibility of restoring the missed deadline should be considered promptly.

Can the restrictions be lifted while the criminal investigation is still continuing?

Yes. The existence of an ongoing criminal case does not mean that every restriction must remain until trial or judgment. If the need for the measure or part of it has disappeared, the owner may seek removal or modification of the restrictions.

Can I challenge the order if I am not an accused person?

Yes, where the judicial decision affects your rights and legitimate interests. This is particularly important for third-party owners who are neither suspects nor accused persons.

What if property taken during a search has not been returned?

First establish its procedural status. Physical seizure during a search, recognition of an item as physical evidence and an asset freezing order under Article 115 are different procedural issues. The appropriate application depends on what has actually happened to the property.

If your property has already been frozen

If you need to understand how to unfreeze assets in Russia, start with the documents rather than a standard form of complaint. You will normally need the court order, details of the affected property and documents showing ownership and the source of the asset. For a bank account, the amount and scope of the restriction need to be established. If the measure has already been extended, the later court decisions matter as well.

Only then is it possible to identify the real procedural task. It may be necessary to appeal the original order, seek restoration of a missed appeal period, oppose an extension, request narrower restrictions or seek complete removal of the measure.

Where the restriction arises in a criminal case, it should also be considered in the context of what happened before it, including searches, removal of property, questioning and the procedural position of the owner.

More information about my work in this area is available on the Russian Criminal Defense Lawyer page.