Theoretical aspects of the doctrines of the enforcement of foreign decisions in the modern legal field

Gaponov Marat Damirovich

The subject of the study is the legal aspects of the doctrines of the execution of foreign decisions in the modern legal field. In the context of a specific mechanism of legal regulation of recognition and enforcement of foreign decisions, the most significant point is the establishment of the object of the recognition in question and subsequent enforcement. At the same time, the immediate legal consequences caused by decisions formed by judicial instances may be implemented in a different country than the one whose court they were decided by. The very process of appropriate recognition of a decision formulated by a judicial instance of another country is giving these documents the same legal force as judicial decisions of one's own state. The purpose of the study is to study the theoretical aspects of the doctrines of the execution of foreign decisions as a comprehensive principled solution to problematic issues of this sphere of the legal field in the international space. These principles, in a systematic understanding, are a combination of four doctrines – international courtesy, reciprocity, the doctrine of acquired rights, and the latter includes the harmony achieved between law, on the one hand, and a judicial decision, on the other. At the same time, the significance of pointing to the fairness of recognition and enforcement of foreign decisions is predetermined by the potential possibility of refusing to implement the decision formulated by a foreign court, which may lead to a violation of the right of the subject of law, which is impossible not to recognize in the general category of international rights. This issue is quite relevant for the development of modern methodological approaches in the legal field for the use of practical aspects of doctrines in order to regulate issues of recognition and enforcement of court decisions. The author concludes that, despite the fact that the doctrines considered in the article have a force characteristic of the legal sphere, there is an impossibility of the practical exercise of the right to judicial proceedings based on the principle of justice, in the absence of certain guarantees for the subsequent implementation of the final court decision. As a fact, it should be noted that the mandatory conditions for this should determine the competence of the relevant court, as well as the protection of the existing domestic law and order. The main conclusion of the study is that doctrines are generally applied, but they are not simultaneously, in the totality of all doctrines, the conceptual basis for the recognition and enforcement of foreign judgments in the modern legal field, which does not allow us to consider the process of execution of foreign decisions only based on doctrines.

Keywords:doctrine, foreign judicial decision, enforcement of foreign judicial decisions, justice, reciprocity, international courtesy, principle, recognition and enforcement, court decision.