Consideration of the nature of the case in which a foreign court decision has been rendered, subject to recognition and enforcement in the Russian Federation

Abstract

The subject of the study is the legal specifics of the recognition of decisions made by foreign justice institutions and their subsequent execution by the nature of the case. The presented aspects are an integral component of effective modern cross-border legal interaction, and also provide practical guarantees for the protection of the rights of its direct participants. In the context of a specific mechanism of legal regulation of the international turnover of variable judicial acts, the most significant point is the establishment of the object of the recognition in question and subsequent execution. Within the framework of our state, the specifics of recognition and enforcement are provided for by the provisions of relevant international treaties, as well as the norms of current domestic federal legislation – in cases where it is a question of recognizing decisions for which there is no need for enforcement. The provisions of the Minsk Convention of the CIS countries, the Kiev Agreement of the CIS countries, the variable bilateral treaties of our state establishing the rules of legal assistance, other international treaties, the norms of which fix the procedure for recognition and subsequent enforcement of decisions taken by foreign justice institutions, the norms of current domestic legislation and current accumulated law enforcement practice. The author focuses on the analysis of current trends in the regulation of these relations, including through the use of relevant materials of the development of the Hague Convention on the Recognition and Enforcement of Foreign Judgments in Civil and Commercial Cases, which indicates the novelty of the study. The main conclusion of the study is to identify the variable directions of determining the range of foreign court decisions that are recognized and enforced, while taking into account the features of judicial acts and relevant proceedings that determine their formation. When analyzing a foreign court decision as a specific object of appropriate recognition and enforcement, several aspects are subject to consideration, first of all, we are talking about the nature of the individual case in connection with which the decision in question was made.