Messenger correspondence can confirm a transaction — this was confirmed by a relatively recent Ruling of the Supreme Court of the Russian Federation (hereinafter, the RF Supreme Court) dated 16.10.2025 in case No. A45-6268/2022
Essence of the dispute
A contractor performed works. Its accounts were frozen, so it set up a new legal entity and notified the customer via WhatsApp.
The customer transferred the advance payment to the new company, and the works were completed.
Later, the customer claimed the money had been transferred "by mistake," that no contract had been concluded, and demanded the advance payment back.
Position of the RF Supreme Court
The court recognized notarized messenger correspondence as sufficient evidence of a contracting relationship.
It was additionally noted that:
if the customer actually accepted the performance and did not distinguish between the work of the "old" and "new" entity, it thereby confirmed its agreement to the established working model.
Correspondence can confirm the existence of a transaction and its terms
(Part 3, Article 75 of the Arbitration Procedure Code of the Russian Federation, legal positions of Plenum of the RF Supreme Court No. 25 dated 23.06.2015).
What this gives the contractor
The ability to prove a contract even in a dispute over its form.
Protection in cases of changed payment details, substitution of a party, or agreement of additional works in a chat.
The ability to confirm the customer's actual acceptance of performance.
Simply put: if work was genuinely carried out and this is evident from the correspondence, a formal claim that "there was no contract" may not hold up.
What this gives the customer
The ability to prove imposed or unagreed works.
Confirmation of the scope of the contractor's obligations.
A record of deadlines, warranties, and technical requirements.
Correspondence works both ways.
For a court to accept correspondence as evidence, it is important to:
- Have the correspondence notarized in case of a risk of conflict (Articles 35, 103 of the Fundamentals of the Legislation on Notaries).
- Confirm that the phone number or e-mail belongs to the party to the dispute.
- Ensure the correspondence is linked to a specific contract (number, site, stage).
In construction and surveying, transactions have long "lived" in the digital environment. And the courts recognize this.
It is important to remember and understand that every message can become evidence.
