“Integration of Counter-Sanction Regulation into the General Rules of Civil Law” — an article by Tatiana Tereshchenko and Yulia Orlova for the publication “Arbitration Disputes”
In the article Tatiana Tereshchenko, Head of the Analytical Department, and Yulia Orlova, Senior Associate at Prime Advice Law Offices, analyze the key legal positions of the Thematic Review No. 8/2026 of the Supreme Court of the Russian Federation "On the Application by Arbitration Courts of Legislation on Special Economic Measures Envisaged for the Purpose of Protecting the National Interests of the Russian Federation."
The authors propose a systemic interpretation of these positions through five interrelated directions in the development of judicial practice: the integration of special economic measures into the mechanism of civil-law assessment of the conduct of market participants; the change in the subject of judicial assessment when identifying circumvention of counter-sanction regulation; the expansion of the procedural role of the court in protecting public interests; the raising of the standard of due diligence in the performance of obligations; and the transformation of counter-sanction compliance into an element of corporate risk management. The conclusion is substantiated that the Review is not limited to clarifying individual provisions of counter-sanction legislation, but rather forms a new methodology for the application of civil and procedural law under the conditions of special economic measures. Special attention is paid to the practical consequences of the approaches formulated by the Supreme Court of the Russian Federation for structuring transactions, handling litigation, and organizing corporate compliance.
Keywords: special economic measures; counter-sanction regulation; Supreme Court of the Russian Federation; invalidity of a transaction; abuse of rights; public policy; circumvention of the law; due diligence; corporate compliance; corporate risk management; due diligence; judicial practice.