ЗАБЛАГОВРЕМЕННОЕ (ПРЕВЕНТИВНОЕ) ПРИЗНАНИЕ (ОТКАЗ В ПРИЗНАНИИ) РЕШЕНИЙ ИНОСТРАННЫХ СУДОВ В СООТВЕТСТВИИ СО СТ. 24 ГААГСКОЙ КОНВЕНЦИИ 1996 г.

Abstract

On 1 June 2013 the 1996 Hague Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in Respect of Parental Responsibility and Measures for the Protection of Children came into force. It provides for the recognition and enforcement of foreign measures for the protection of a child or his or her property. One of the original provisions previously not found in the international treaties of the Russian Federation is the possibility of preventive recognition of a foreign measure, which may require enforcement in the future (Art. 24). This option differs from objections against recognition known to Russian law and may be useful in international relocation cases and for cross-border contacts with a child. The article reveals the essence and significance of preventive recognition (nonrecognition). However, the implementation of the Convention in Russia, unlike some other States parties, was reduced to the designation of a Central Authority. Russian civil procedural legislation was not amended. This raises issues concerning the application of the mechanism set down in Article 24 of the Convention. The author proposes to apply mutatis mutandis the provisions of Chapter 45 of the Civil Procedure Code of the Russian Federation and to grant an exequatur in simple procedure taking into account earlier court examination and conclusion of the absence of grounds for non-recognition.