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Признание и приведение в исполнение иностранных судебных решений: национальное и региональное измерение
Present article considers several questions of recognition and enforcement of foreign judgments on national and regional levels of legal regulation. The aim of research is to study certain aspects of recognition and enforcement of foreign judgments including categories of foreign judgments which are subject to recognition and enforcement, procedure of recognition and enforcement, grounds for the refusal of recognition and enforcement. The authors deeply scrutinized national legislation represented by the Arbitrazh Procedure Code of the Russian Federation of 2002 and the Civil Procedure Code of the Kyrgyz Republic of 2017; international treaties of regional character (e.g. Minsk convention on legal assistance and legal relations in civil, matrimonial and criminal matters of 1993; Lugano Convention on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters of 2007) and legal documents of international organizations (e.g. EU Regulation № 1215/2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (recast) (Brussels Ibis) of 2012. Applying a comparative research method, the authors came to a conclusion that foreign judgments subject to recognition and enforcement are strictly defined in national legislation rather than in certain international treaties of regional character and EC regulations. Procedure of recognition and enforcement of foreign judgments has been evolving from exequatur issued by court addressed (in national legislation and certain international treaties of regional character) to its abolishing in certain international treaties of regional character and EC regulations. The grounds for the refusal of recognition and enforcement are strictly limited and include undue service of documents instituting the proceedings on the defendant not enabling him to arrange for his defence; the judgment is irreconcilable with a judgment given between the same parties, on the same subject matter rendered by the court in the state addressed or in another country; if the recognition and enforcement are manifestly contrary to public policy in the state addressed.