Foreign Judgment as Object of Recognition and Enforcement in the Russian Federation

Abstract

Recognition and enforcement of foreign courts decisions is an important guaranteeof protection of the rights and legitimate interests of individuals and legal entitiesand a necessary part of an effective system of international legal cooperation. In themechanism of legal regulation of cross-border turnover of judicial acts, one of the mainissues is the definition of the object of recognition and enforcement. In Russia, the rangeof decisions subject to recognition and enforcement is defined in international treatiesof the Russian Federation, which provides for such recognition and enforcement, whilein the case of recognition of decisions that do not require enforcement — also in Federallaws of the Russian Federation. The aim of the study is to analyze the Treaty rules thatdetermine which foreign judgments are subject to recognition and enforcement in theterritory of the Russian Federation, to identify controversial issues in the practice of theirapplication by courts, to find ways to improve Treaty rules, to achieve uniformity in theunderstanding of their courts. The article analyzes the provisions of the Minsk Conventionof the Commonwealth of Independent States (1993), the Kiev agreement of thesecountries (1992), bilateral treaties of the Russian Federation on legal assistance (morethan thirty of them) and other treaties providing for the recognition and enforcement offoreign judgments, Russian legislation and law enforcement practice. Modern trends in the regulation of these relations are taken into account, in particular: the materials of theHague Convention on the recognition and enforcement of foreign judgments in civil andcommercial cases (2019) are used. The range of foreign judgments subject to recognitionand enforcement is determined by different vectors, taking into account the specificcharacteristics of judicial acts and proceedings in which they are adopted. A foreignjudgment as an object of recognition and enforcement is considered from the point ofview, firstly, of the nature of the case on which the decision was made (civil, family, laboror a separate category of civil cases), secondly, of the body that made the decision (statecourt or other body), and thirdly, of the procedural form (decision, determination, order).
For citation: Marysheva N.I., Schukin A.I. (2020) Foreign Judgment as Object of Recognition and Enforcement in the Russian Federation. Pravo. Zhurnal Vysshey shkoly ekonomiki, no 2, pp. 45–83 (in Russian) DOI: 10.17323/2072-8166.2020.2.45.83