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Recognition and Enforcement of Decisions of Foreign Courts in the Russian Federation

ФИО студента: Mariia Murashko

Руководитель: Margarita Pavlova

Кампус/факультет: Faculty of Law

Программа: Jurisprudence (Bachelor)

Год защиты: 2018

The aim of this final qualification work is a to make comprehensive, thorough and multipurpose research of the institution of recognition and enforcement of decisions of foreign courts in the territory of the Russian Federation; to analyze the doctrinal and legislative concepts of this institution in Russia and abroad; to examine thoroughly the existing contradictions in the context of international and national legislation and find ways to resolve them. We set ourselves the following tasks: to examine the institution of recognition and enforcement of foreign decisions, to conduct a comparative description with foreign practice, to investigate the patterns of modifications in judicial practice, to scrutinize the development of the positions of the courts and to analyze how relevant the courts apply international instruments. To fulfill the tasks, we examined and analyzed the doctrinal sources, foreign practice, the provisions of national and international legislation, the judicial practice of Russian and international courts. As a result of the research, we came to the following conclusions: it is necessary to reform the procedural legislation, adding new legal conditions for the recognition and enforcement of decisions; the legislator has to solve the problem of frequent judicial refusals for recognizing and enforcing decisions on formal grounds by changing the rules on improper notification of the parties and the application of the category of "public order"; last but not the least, it is necessary to delegate full powers for controlling the notification of the parties to Russian courts and territorial departments of the Ministry of Justice.

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