Public Policy in the International Civil Process in Russia: Current State

摘要

The article is devoted to the study of the concept and application of the category of public policy in the international civil process in Russia. The analysis on the basis of Russian legislation and judicial practice in relation to the recognition and enforcement of foreign judicial decisions and decisions of international commercial arbitrations was carried out. The jurisprudence of recent years regarding the recognition and enforcement of foreign judicial decisions and decisions of international commercial arbitrations made outside the Russian Federation was studied. The conclusion on the significant development of the concept and interpretation of public policy in the judicial practice of the Supreme Court of Russia, which coincides as a whole with the interpretation in foreign doctrine and judicial practice, is drawn. At the same time, an analysis of the decisions of the Russian courts in specific cases shows a wide variety of interpretations and application of the public policy category, which depend on the category of the case. The influence on the understanding of public policy and the possibility of its application, the presence of fiscal interest in a particular case, which can be expressed in the use of budget funds in the relations of the parties, etc., are noted.