«Фактор доверия» как основное препятствие признания и исполнения иностранных судебных решений

Abstract

September 1, 2023 is the date of entry into force of the Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters (adopted on July 2, 2019 as part of the 22nd session of the Hague Conference on Private International Law). Russia signed the Convention on November 17, 2021. Despite the fact that in the current geopolitical situation one could hardly expect this Convention to be ratified in the short or medium term, the discussion on the preparation and conditions for ratification, the changes in legislation necessary for its use, the consequences for law enforcement practicestill appears to be relevant. The current principles of Russian law and the law of other countries in relation to the recognition and enforcement of foreign court judgments should be analysed. To this end, first of all, the legal basis for the recognition of foreign court judgments in Russia prior to the ratification of the Hague Convention in 2019 should be presented and the approaches of private international law and the law of other countries to the recognition of foreign court judgments should be analysed. If the approach to the ratification of the Сonvention persists, the issue of amending the Civil Procedure and Arbitration Procedure Codes of the Russian Federation will arise. The ratification process is undoubtedly affected by Western sanctions against Russia and Russian businesses and the loss of mutual trust. Trust is a key factor when considering the recognition and enforcement of foreign judgments.