ON SOME ISSUES OF THE RECOGNITION AND ENFORCEMENT OF FOREIGN JUDGEMENTS IN RUSSIA

Abstract

This work is aimed to analyze some specific issues of the recognition and enforcement of foreign judgements in Russian in the absence of foreign treaties. Despite the fact that provisions of procedural codes provide for the need of international treaty to enforce foreign judgement, many courts broadly interpret these provisions, allowing enforcement without such treaty with reference to international comity. However, this approach is not well-established, and existing judicial practice which formally interprets aforemen tioned provisions has a negative impact on the protection of the rights and legitimate interests of Russian and foreign persons. The author believes that a refusal to recognize and enforce a foreign judgment can contradict to the international obligations of the Russian Federation, in particular, the duty to ensure the right to a fair trial.