K. Barysheva, D. Maksimov

The Refusal for Recognition and Enforcement in the Russian Federation of a Foreign Judgment Obtained by Fraud

2020. No. 3. P. 4–26 [issue contents]
In July 2019 a landmark event took place in Private International Law, associated withthe approval of the final text of Convention on the Recognition and Enforcement ofForeign Judgements in Civil or Commercial Matters. For more than 10 years The HagueConference on Private International Law has not introduced new conventions. Russiaactively participated in the final procedures and sent a governmental delegation to the 22nd diplomatic session of Conference mentioned to sign the final act of the session.The prospects for signing and ratifying the Convention by key participants of internationaltrade and by countries where civil relations are localized are still the questions of the future.The article presents an analysis of the provisions of the Convention and the possibilityof implementing international law into national legislation. In the Russian law there is noefficient system of fraud detection from the parties of civil or arbitral proceedings andcountermeasures to it for the court. The term “fraud” used in the Convention has nocomparable in the Russian legislation and case law if fraudulent acts of the party resultedin misjudgment came into force. Reviews of such judgment or retrial are practicallyimpossible. This weakness of the Russian law is truly sensitive in cases of recognition offoreign judgments obtained by fraud. Legal regulation vacuum can be caused by Russianaccession to the Convention which recognizes a possibility of defected judgments,but Russian court has no means of detecting these defected judgments, which throwsdoubts on the whole procedure and result of recognition and enforcement of foreignjudgments in Russia. In the present article the authors raise key challenging issues offinality of judgments and possibilities of their revision in future, point at non-readinessof the Russian law for accession to the Convention, at significance of this institution ofjudgments obtained by fraud and at inadmissibility of exception of this institution in caseof ratifying Convention.
For citation: Barysheva K.A., Maksimov D.M. (2020) The refusal for recognition and enforcement in the Russian Federation of a foreign judgement obtained by fraud. Pravo. Zhurnal Vysshey shkoly ekonomiki, no 3, pp. 4–25 (in Russian) DOI: 10.17323/2072-8166.2020.3.4.25
Citation: Barysheva K., Maksimov D. (2020) Otkaz v priznanii i ispolnenii v Rossiyskoy Federatsii inostrannogo sudebnogo resheniya, poluchennogo obmannym putem [The Refusal for Recognition and Enforcement in the Russian Federation of a Foreign Judgment Obtained by Fraud]. Pravo. Zhurnal Vysshey shkoly ekonomiki, no 3, pp. 4-26 (in Russian)
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