How is the recognition and enforcement of foreign jurisdictional authorities, economic dispute settlement?
Acts of the jurisdictional authority of one state may be valid on the territory of another state only if the other state in any form expresses its consent.
Recognition and enforcement of permit decision of foreign courts are regulated by international treaties (such as contract of thieves on legal aid). If the provisions in the contract sootvegstvuyuschie missing, then the norms of the Decree of the Presidium of the Supreme Soviet of the USSR from 21.06.1988 g, which is currently operating in the territory of the Russian Federation. The decree establishes the order and form of presentation properties of the mediator on the resolution of enforcement of the decision, the procedure of consideration of, grounds for refusal of permission, etc.
The question of authorizing the enforcement of the inost-rannogo Court considered at the request of the claimant by a court of. Jurisdiction of the subject of the Russian Federation at the place of residence (location) of the debtor and the debtor has no place of residence (location) in the Russian Federation or the place of residence (location) of the debtor is not known – the location of his property.
Motion for leave to enforce a foreign judgment shall contain:
1) the name of the claimant and his representative, if the application is lodged by the representative, an indication of their permanent or temporary place of residence, and if the claimer is a legal entity, its place of the finding;
2) the name of the debtor and an indication of his permanent or temporary residence, and if the debtor is a legal entity – its location;
3) the claimant’s request for permission to enforce;
in that case if the decision has already previously served – in which part or what time required performance solutions.
The application shall be accompanied by the documents referred to interna-tional agreement, and if it is not stipulated in the contract – the following documents: certified copy of the foreign judgment, to permit the enforcement of whom a petition, official document stating that the decision came into force if it is not clear from the text of the decision itself, the document from which it follows that a party to the anti-Torah and made a decision that did not participate in the process, has its time and in the proper form notified of the proceedings, a certified translation of these documents into Russian language.
Consideration of an application for authorization of enforcement of a foreign judgment is made in open court with the illuminated from the debtor of the time and place of the hearing of the application. Failure to appear without good cause the debtor with respect to which the court is well known that the summons was handed to him, not a barrier to the consideration of the mediator-tion. If the debtor asked the court to postpone for any reason, for the consideration of the application and the reason for this is recognized by the court respecting enforcement, the court takes the examination and notify the debtor of a new time-consuming review of the application.
After listening to the explanation of the debtor, and having examined the documents you, the court issues a ruling on the resolution of the enforcement of the solution of a foreign court or to refuse it.
Copies of the determination of the direction of the court are the claimant or his representative and the debtor, within three days from the date of the determination. The determination may be appealed to a higher court in the manner and time stipulated by the legislation of the Russian Federation.
Refusal to allow enforcement of the for-eign vessels permitted in cases where the decision under the law of the State in which it was made, has not entered into force;
2) The party against whom the award was denied the opportunity to participate in the process due to the fact that it was not timely and properly served with notice of the proceedings;
3) consideration of the case falls within the exclusive jurisdiction of the court or other authority in the Russian Federation;
4) has entered into legal force of a court decision RF rendered in a dispute between the same parties on the same subject and on the same grounds, or in the court of the Russian Federation is a case brought by a dispute between the same parties on the same subject and on the same grounds to institute proceedings in a foreign court;
5) The statute of limitations for bringing solutions to forced execu-pared;
6) the execution of solutions would be contrary to the sovereignty of the Russian Federation, or Finno-pressed! to Russian Security, or would be contrary to the basic principles of the Russian legislation.
Based on the decision of a foreign court, and an enforceable court ruling to permit the enforcement of the decision issued by the court order, which is sent to the service of judicial officers in the place of execution of the judgment.
Action to enforce a foreign judgment made the bailiff on the basis of legislation of the Russian Federation of Enforcement.
Foreign judgments, which are not subject to compulsory study-filled, are recognized without any further proceedings, if the part of the person concerned no objection to this.
An interested person may within one month after he learned of the arrival of the foreign judgment, to declare to the corresponding thin general jurisdiction of the regional rights in their place of residence (location) of the objections to the acceptance of the decision.
The objections of the person concerned against the recognition of a foreign decision the court considered ^ open court with the notice of the person of the time and place of the hearing. Failure to appear without good reason, the person concerned, with respect to which the court is well known that the summons was handed to him, not a barrier to the consideration of objections.
Upon consideration of objections to the recognition of a foreign judgment will issue a determination. Refusal to recognize a foreign judgment that is not enforceable, admits the presence of the same reasons as for the decision to be enforceable.
A copy of the three-day period from the date of its issue directions etsya court the person at whose request the decision was made to a foreign court, or his representative and the person objecting to the recognition decision.
The court ruling can be appealed to a higher court.