Enforcement of a Foreign Judgment within the Framework of the Execution of a Letter Rogatory

Abstract

The article presents the coverage of doctrinal approaches and law enforcement practice of Russian courts in the issue of execution of a foreign judgment using the mechanism of execution of a foreign letters rogatory. On the basis of analysis of legal and doctrinal sources the question of normative regulation of execution of foreign judgment with the use of mechanism of execution of foreign letters rogatory is raised. The mentioned possibility is stipulated as an exception in the Hague Convention on the Civil Process of March 1, 1954 on the issue of recovery of court expenses in the territory of a foreign state, as well as in some legal assistance treaties. However, the trend of law enforcement practice of domestic courts deviates from the provisions of international treaties. In the course of the research, it has been established that there is a substitution of legal mechanisms. This assumption is due to the complexities of translating legal terms that may be given additional content beyond that provided for in international treaties.