Перспективы иностранных судебных решений в российской юрисдикции: процессуальные проблемы признания и приведения в исполнение

Журнал российского права. 2021. № 2. С. 113–127.

Фокин Е. А., Молибога П. О.

The subject of this research is the procedural issues of recognition and enforcement of foreign judgments in the Russian commercial process (Chapter 31 of the CPC of the Russian Federation). The article focuses on the general meaning of this procedure, which is to ensure real, and not formally declared, access to justice. In addition, the extension of the properties of national judicial decisions to foreign judicial acts has an economic effect, as it contributes to the investment attractiveness of the state.

The study consists of several blocks.

The first part describes the international legal framework for the recognition and enforcement of foreign judgments and emphasizes the importance of article 6 of the European Convention on Human Rights for this procedure.

The second section is devoted to the grounds for giving legal force to foreign judicial decisions: an international treaty and the principles of reciprocity. In particular, doctrinal positions calling for the principle of reciprocity to be consolidated in domestic procedural law are critically evaluated, and the risks associated with such consolidation are given.

The third section of the study analyzes the practical approaches of Russian courts to the grounds for refusing to recognize and enforce foreign judgments. Thus, the article continues the discussion about the content of the concept of "public order" in relation to the category of cases under consideration and shows that there are no specific and predictable approaches to this category in Russian judicial practice. The fact that other grounds for refusing to recognize and enforce foreign judgments are practically not applied by Russian courts is also critically assessed.

At the end of the study the authors put forward proposals on possible ways to develop procedural legislation on the issues discussed in the article.

Keywords: публичный порядок, public order, access to justice, доступность правосудия, признание и приведение в исполнение иностранных судебных решений, recognition and enforcement of foreign judgments

Publication based on the results of: Enforcement of the International Judgments in a Multipolar World (2020)