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  • ✇Russia in Global Affairs
  • Harmonizing Russian and Indian Legal Systems
    In 2025, Russia became India’s top supplier of crude oil, accounting for about 32.3 percent of imports, with the bilateral trade reaching $68.7 billion (~₽ 74.45), following a sharp rise over the recent years. These figures reflect not a temporary spike, but a structural shift. The supplies of energy, fertilizers, and industrial goods are increasing. Yet the negotiation and execution of transactions are far from easy-going. Contracts sometimes take too long to conclude; payments are overdue beca
     

Harmonizing Russian and Indian Legal Systems

11 May 2026 at 04:01

In 2025, Russia became India’s top supplier of crude oil, accounting for about 32.3 percent of imports, with the bilateral trade reaching $68.7 billion (~₽ 74.45), following a sharp rise over the recent years. These figures reflect not a temporary spike, but a structural shift. The supplies of energy, fertilizers, and industrial goods are increasing. Yet the negotiation and execution of transactions are far from easy-going. Contracts sometimes take too long to conclude; payments are overdue because of excessive scrutiny, and shipments are delayed for reasons that are rarely disclosed in official reports. Today the need for aligning the countries’ legal systems has become urgent than never.

Several issues require a thorough consideration and prompt solution.

Firstly, the lack of a centralized legal coordination interface continues to hinder contract formation and enforcement. The negotiating parties often have different expectations of each other’s core legal concepts. In addition, since 2022 contract performance has been seriously challenged by sanctions. In Russian legal practice, sanctions are often treated as a valid force majeure reason for transactions’ disruption. Meanwhile, the Doctrine of Frustration, enshrined under Section 56 of the Indian Contract Act,1872, specifies whether disruption of contract performance has become objectively impossible rather than commercially difficult. Thus, a supplier may consider itself excused for disruption, while the buyer sees it as a breach. This difference affects risk-based pricing, definition of contract obligations, and resolution of disputes.

Without a shared interpretation baseline, every contract involves a negotiation not only of terms, but of the legal meaning. A standing bilateral interface, even with non-binding guidance, would help reduce this uncertainty if it clarifies sanctions-related force majeure and aligns the relevant governing law and enforcement practices.

Secondly, the absence of sector-specific mutual recognition frameworks continues to influence costs. A pharmaceutical product approved in India still undergoes additional conformity checks in Russia, including registration and quality evaluation under Russian State Pharmacopoeia requirements. Engineering equipment certified under Russian standards often requires additional testing in India through the Bureau of Indian Standards (BIS) for compliance with Indian Standards (IS) specifications. Each repetition extends timelines and raises costs. Pharmaceuticals, energy equipment, agricultural products, and heavy engineering products form a large share of bilateral trade. Targeted recognition in these sectors would not require full harmonization, but should involve identifying areas where standards already align and formalizing that recognition. Even limited agreements could significantly reduce duplication.

Thirdly, in customs and trade documentation, even small differences can create major disruptions. Disparities in rules of origin, inconsistencies in Harmonized System classification, and differing documentation formats lead to repeated queries at ports. Traders handling processed goods or mixed consignments are especially affected. The lost time translates directly into costs through demurrage, storage, or missed deadlines. Both countries have invested in digital customs systems. India’s GST and and Russia’s EDO systems already operate at scale domestically, but interoperability gaps remain. Digital invoices and electronic bills of lading are not always recognized by the systems and force manual checks, despite efforts to enforce interoperability of the national payment systems. Mutual recognition of digital formats and alignment of documentation standards would remove much of this disfunction.

Fourthly, the sanctions restrictions have caused legal ambiguity that affects decisions at every level. Companies must decide on contract structure, payment routing, shipment insurance, and risk allocation. However, legal boundaries often allow differing interpretations, which causes a cautious response. Even legally permissible transactions face delays because the cost of error is high. This cautious overcompliance may not appear in trade data, but it continues to influence commercial activity.

A coordinated, sanctions-aware framework would not remove risks, but would define them more clearly. Standard clauses, model structures, and clearer allocation of responsibilities would allow businesses to proceed with greater confidence.

Fifthly, an equally important challenge is banking and transactional legal interoperability. Russian banks, such as Sberbank and VTB, now operate actively in India, while Indian banks have enabled trade through special vostro accounts approved by the Reserve Bank of India for rupee-based settlements. These mechanisms have kept transactions moving. Yet uncertainty persists around non-SWIFT systems, particularly concerning the legal moment of settlement and applicable compliance requirements. In practice, Indian public sector banks have increasingly assumed a quasi-regulatory role, sometimes imposing excessive requirements, including confirmation of non-SDN status from Russian parties that are often not in a legal position to provide such assurances. This creates operational deadlocks; a delayed or disputed payment can disrupt entire supply chains.

Russia is tightening oversight of the financial flows, including stricter regulation of cryptocurrency-related activity. A bilateral protocol clarifying settlement finality, recognition of alternative messaging systems, and compliance norms would make existing channels more reliable. Another practical step could involve joint working groups between the Russian and Indian Ministries of Finance tasked with issuing operational clarifications for categories of market participants and commodity classes.

Sixthly, investment and corporate law complexity continues to limit deeper engagement. While Russia-India trade has grown, long-term investments remain modest. Companies are cautious as they face layered regulation, ownership restrictions in some sectors, taxation ambiguity, and repatriation and exit uncertainty. The India–Russia Double Taxation Avoidance Agreement, in force since 1998, already provides a framework to avoid double taxation through tax credits and rules on permanent establishment. However, parts of it remain under-used. More consistent application of permanent establishment thresholds and faster use of mutual agreement procedures could reduce disputes, improve tax certainty, and support investment. The issue is less about formal openness and more about clarity in application.

Finally, the burden of legal complexity falls most heavily on small and medium enterprises (SMEs). Larger firms can manage regulatory differences through dedicated teams. SMEs often cannot. Many depend on intermediaries, raising costs and reducing control. The absence of standardized contracts, limited familiarity with international commercial terms, and complex customs procedures create barriers. Practical steps can help. Bilingual contract templates for common transactions would provide a clear starting point. Clear guidance on Incoterms and simplified customs procedures for smaller consignments would lower entry barriers. Faster, lower-cost dispute resolution would ensure that smaller firms are not excluded due to legal costs.

In all these areas, the core issue is effective coordination.

Russia and India have established national legal systems of their own strength. The challenge arises when these systems interact without a shared framework. Businesses do not need identical laws; they need predictability. They need to know how a clause will be interpreted, how a shipment will be processed, and how a payment will be settled.

Russia-India economic engagement has moved from exploratory trade into a sustained cooperation at scale. Legal alignment will determine whether this cooperation continues smoothly or face limits. The task is to reduce uncertainty where it matters most. When contracts are clearer, certifications are recognized, documents move smoothly, payments settle with confidence, and smaller firms can participate without excessive burden, the relationship becomes easier to sustain.

The opportunity is already vivid in the performance figures. The next step is to ensure that the legal framework supports this progress. Without institutional and regulatory coordination, the difficulties will persist. One practical starting point could be a bilateral model contract approved by both countries’ ministries of justice, which would cover sanctions-related force majeure, governing law, and streamlined arbitration, while leaving technical implementation issues to working groups rather than political summits.

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