1. Are non-compete or non-solicitation clauses enforceable
under Russian law?
Common law concepts such as post-termination noncompetition
clauses, garden leave, and non-solicitation clauses are not
recognized either under Russian law or by Russian courts.
Although many employment agreements, especially with key
personnel, often provide negative consequences for the employee for
violating his/her non-compete or nonsolicitation obligation, these
provisions are generally unenforceable. In addition, they can be
considered as an infringement on the constitutional principle of
freedom of labor (Article 37 of the RF Constitution) and a
violation of Russian labor law requirements, which may generally
result in the imposition of penalties on the company (up to RUB
100,000) and on its officers (up to RUB 20,000).
