Application of Article 415 of the Civil Procedure Code of the Russian Federation in Russian Courts when Recognizing Foreign Courts Decisions that do not Require further Proceedings.

Abstract

The article is devoted to the analysis of judicial practice in the field of recognition of decisions of foreign courts that do not require further proceedings. This article regulates the recognition of foreign judicial decisions, which, due to their special content, do not require further proceedings. The author examines in detail the court decisions in which there is a reference to Article 415 of the Civil Procedure Code of the Russian Federation. Particular attention is paid to the subject of the dispute, the type of foreign judgment, the procedure for recognizing a foreign judgment, the relationship of Articles 413 and 415 of the Civil Procedure Code of the Russian Federation. The author pays special attention to the correlation of terms: decisions of foreign courts that do not require further production, and decisions of foreign courts that do not require enforcement. As a result, the following features of the practical application of Article 415 of the Civil Procedure Code of the Russian Federation were highlighted. As decisions that do not require further proceedings, judges recognize the decisions of foreign courts on the recognition of the parents as dependents of the plaintiff, on the recognition of periods of work in a specific place at a specific time, decisions on the dissolution of marriage. A dispute on the recognition of a foreign court decision that does not require further proceedings is usually considered within the framework of another dispute in which the said foreign decision is evidence in the case. Some judges admit the possibility of objections from interested parties to decisions of foreign courts that do not require further proceedings, according to the rules of Article 413 of the Civil Procedure Code of the Russian Federation, others insist on the independent meaning of Article 415 of the Civil Procedure Code of the Russian Federation and, accordingly, the inadmissibility of objections and any other formal procedures to give legal force to such decisions in the Russian Federation.