The Legal Effect of Recognition and (or) Enforcement of Foreign Judgments according to Art. 19 of the 1992 Treaty on Legal Assistance between Russia and China

Abstract

The author draws attention to the fact that in general, for the majority of international treaties and, likewise, for the current Russian legislation, it is uncharacteristic to determine the legal consequences of recognizing a foreign court decision. In this regard, Art. 19 of the 1992 Treaty on Legal Assistance between Russia and China, according to which recognition of a foreign judgment «has the same effect as recognition or execution of a court decision of that Party» represents an exception to this rule. The author notes that this definition is not entirely correct, since the concept of recognition is used to denote the endowment of a court decision with binding force outside the country of origin.

Separately, the article examines the issue of the categories of foreign court decisions subject to «recognition» («recognition without further proceedings») and «recognition and execution» according to legal assistance agreements.