Legal encyclopedia. Letter M

INTERNATIONAL CIVIL PROCESS

- a set of procedural issues related to the protection of the rights of foreigners and foreign legal entities in court and in arbitration.

The subject of the international civil process is the totality of all norms of national law, extending to procedural legal relations with the participation of a foreign element.

The scope of consideration of the international civil process includes the following issues:

1) determination of jurisdiction in cases involving civil, family, labor relations with a foreign element;

2) procedural status of foreign individuals and legal entities, foreign states, their diplomatic and consular missions;

3) establishing the content of the norms of foreign law;

4) the procedure for applying to foreign courts with instructions for the delivery of documents and the execution of certain procedural actions;

5) recognition and enforcement of foreign decisions;

6) commission of notarial acts;

7) enforcement of decisions of foreign arbitration.

International jurisdiction is the competence of the state courts to resolve civil cases complicated by a foreign element. Jurisdiction is determined by the principles of the citizenship of the parties, the place of residence of the defendant, personal presence, the location of the disputed thing, the place of residence of the plaintiff or the place of damage.

A court order is a request of a court of one state to the judicial authorities of another state with a request for procedural actions in the territory of that state. The grounds for executing the letters of commission are the direction of the court order, the consent of the foreign state, the existence of an international treaty, the operation of the principle of reciprocity. The essence of the enforcement proceedings in the international civil process is that either the decisions taken by the national court against foreigners or the decision of the foreign court against citizens or legal entities of the state of the place of execution of the decision are executed on the territory of the state.

Principles of the international civil process:

1) equality (equivalence of justice);

2) reciprocity (the state of the place of residence of a foreign citizen ensures observance of the rights enjoyed by its own citizens in relation to a foreign citizen, and the state recognizes the decision of a foreign state only if the state whose court ruled decides the decision of the state where it should Be recognized and implemented);

3) application of the procedural law of the country of the court.

The subjects of the international civil process are foreign citizens, stateless persons, foreign legal entities, foreign states, diplomatic and consular representatives. The subjects of the international civil process must have standing and legal capacity.

The sources of the international civil process include the national

Legislation (Civil Code of the Russian Federation, Part 3, CCP RF), international customs, international law (international conventions), doctrine or scientific and legal research. Theoretical research is a necessary source of knowledge when replenishing, in the order of analogy to law or law, gaps in legislation on the procedural status of foreign individuals and legal entities, recognition and enforcement of foreign judgments,