Improving the Legal Regulation of Indirect Judicial Jurisdiction in the Eurasian Economic Union
Free cross-border circulation of court decisions is a necessary condition for successful integration. One of the main obstacles that states face in creating legal regulation in this area is the problem of the admissibility of foreign judicial jurisdiction, or, in other words, indirect judicial juris...
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| Format: | Article |
| Language: | English |
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President of the Russian Federation, Russian Academy of National Economy and Public Administration, North-West Institute of Management
2024-04-01
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| Series: | Евразийская интеграция: экономика, право, политика |
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| Online Access: | https://www.eijournal.ru/jour/article/view/1258 |
| _version_ | 1797214316382912512 |
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| author | O. A. Shepovalova |
| author_facet | O. A. Shepovalova |
| author_sort | O. A. Shepovalova |
| collection | DOAJ |
| description | Free cross-border circulation of court decisions is a necessary condition for successful integration. One of the main obstacles that states face in creating legal regulation in this area is the problem of the admissibility of foreign judicial jurisdiction, or, in other words, indirect judicial jurisdiction. The article discusses options for solving this problem.Aim and tasks. To propose options for improving the legal regulation of indirect judicial jurisdiction in the Eurasian Economic Union.Methods. This work uses both general scientific methods of cognition: analysis and synthesis, and specific scientific ones: formal logical, formal legal, comparative legal, and the method of legal forecasting.Results. Improving the legal regulation of indirect judicial jurisdiction in the Eurasian Economic Union is possible through the conclusion between the member states of the Eurasian Economic Union of an international treaty establishing unified criteria for direct judicial jurisdiction and conditioning the acceptability of the jurisdiction of a foreign court on compliance with these criteria. In the event that the competence of a foreign court is not based on the jurisdictional criteria contained in an international treaty, it is proposed to provide for the possibility of recognizing a foreign court decision if two conditions are met: first, there is a close connection between the court and the dispute or approval of the jurisdiction by the defendant; the second is compliance with the rules on exclusive judicial jurisdiction established in the national legislation of the member states of the Eurasian Economic Union.The author also proposes an option for improving the legal regulation of indirect judicial jurisdiction at the national level, both in the Russian Federation and in other member states of the Eurasian Economic Union. In particular, the option of introducing provisions on indirect judicial jurisdiction into national legislation is being considered, which would condition the acceptability of the competence of a foreign court by observing the criterion of a close connection between the dispute and the court that issued the judicial act, or the approval of its jurisdiction by the defendant, and non-contradiction with the criteria of exclusive judicial jurisdiction.Conclusions. The Eurasian Economic Union needs to create an effective mechanism for the recognition of foreign court decisions, which can be achieved, first of all, by improving the legal regulation of indirect judicial jurisdiction. |
| first_indexed | 2024-04-24T11:12:14Z |
| format | Article |
| id | doaj.art-d52abe5115624c36ad5206c0ecc8a0f8 |
| institution | Directory Open Access Journal |
| issn | 2073-2929 |
| language | English |
| last_indexed | 2024-04-24T11:12:14Z |
| publishDate | 2024-04-01 |
| publisher | President of the Russian Federation, Russian Academy of National Economy and Public Administration, North-West Institute of Management |
| record_format | Article |
| series | Евразийская интеграция: экономика, право, политика |
| spelling | doaj.art-d52abe5115624c36ad5206c0ecc8a0f82024-04-11T12:16:08ZengPresident of the Russian Federation, Russian Academy of National Economy and Public Administration, North-West Institute of ManagementЕвразийская интеграция: экономика, право, политика2073-29292024-04-01181818910.22394/2073-2929-2024-01-81-89569Improving the Legal Regulation of Indirect Judicial Jurisdiction in the Eurasian Economic UnionO. A. Shepovalova0Saint Petersburg State UniversityFree cross-border circulation of court decisions is a necessary condition for successful integration. One of the main obstacles that states face in creating legal regulation in this area is the problem of the admissibility of foreign judicial jurisdiction, or, in other words, indirect judicial jurisdiction. The article discusses options for solving this problem.Aim and tasks. To propose options for improving the legal regulation of indirect judicial jurisdiction in the Eurasian Economic Union.Methods. This work uses both general scientific methods of cognition: analysis and synthesis, and specific scientific ones: formal logical, formal legal, comparative legal, and the method of legal forecasting.Results. Improving the legal regulation of indirect judicial jurisdiction in the Eurasian Economic Union is possible through the conclusion between the member states of the Eurasian Economic Union of an international treaty establishing unified criteria for direct judicial jurisdiction and conditioning the acceptability of the jurisdiction of a foreign court on compliance with these criteria. In the event that the competence of a foreign court is not based on the jurisdictional criteria contained in an international treaty, it is proposed to provide for the possibility of recognizing a foreign court decision if two conditions are met: first, there is a close connection between the court and the dispute or approval of the jurisdiction by the defendant; the second is compliance with the rules on exclusive judicial jurisdiction established in the national legislation of the member states of the Eurasian Economic Union.The author also proposes an option for improving the legal regulation of indirect judicial jurisdiction at the national level, both in the Russian Federation and in other member states of the Eurasian Economic Union. In particular, the option of introducing provisions on indirect judicial jurisdiction into national legislation is being considered, which would condition the acceptability of the competence of a foreign court by observing the criterion of a close connection between the dispute and the court that issued the judicial act, or the approval of its jurisdiction by the defendant, and non-contradiction with the criteria of exclusive judicial jurisdiction.Conclusions. The Eurasian Economic Union needs to create an effective mechanism for the recognition of foreign court decisions, which can be achieved, first of all, by improving the legal regulation of indirect judicial jurisdiction.https://www.eijournal.ru/jour/article/view/1258recognition of foreign judgmentseurasian integrationjudgments convention 2019kiev agreement 1992chisinau convention 2002 |
| spellingShingle | O. A. Shepovalova Improving the Legal Regulation of Indirect Judicial Jurisdiction in the Eurasian Economic Union Евразийская интеграция: экономика, право, политика recognition of foreign judgments eurasian integration judgments convention 2019 kiev agreement 1992 chisinau convention 2002 |
| title | Improving the Legal Regulation of Indirect Judicial Jurisdiction in the Eurasian Economic Union |
| title_full | Improving the Legal Regulation of Indirect Judicial Jurisdiction in the Eurasian Economic Union |
| title_fullStr | Improving the Legal Regulation of Indirect Judicial Jurisdiction in the Eurasian Economic Union |
| title_full_unstemmed | Improving the Legal Regulation of Indirect Judicial Jurisdiction in the Eurasian Economic Union |
| title_short | Improving the Legal Regulation of Indirect Judicial Jurisdiction in the Eurasian Economic Union |
| title_sort | improving the legal regulation of indirect judicial jurisdiction in the eurasian economic union |
| topic | recognition of foreign judgments eurasian integration judgments convention 2019 kiev agreement 1992 chisinau convention 2002 |
| url | https://www.eijournal.ru/jour/article/view/1258 |
| work_keys_str_mv | AT oashepovalova improvingthelegalregulationofindirectjudicialjurisdictionintheeurasianeconomicunion |