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THE DISTINCT PROBLEMS OF IMPLEMENTATION OF THE RECIPROCITY PRINCIPLE IN THE CIVIL PROCESS OF RUSSIA

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PDF: Author(s): Enikeyev O. A.,
Number of journal: 2(39) Date: May 2017
Annotation:

The principle of reciprocity refers to the fundamental principles of the international private law. Despite this, the interpretation of application of this principle in the civil process by the Supreme Court of the Russian Federation is questionable. The principle of reciprocity is directly mentioned in the procedural law only in article 417.9 of the Civil Procedure Code of the Russian Federation, in the context of mutual constraints of jurisdictional immunities of the foreign states and the Russian Federation. The author identifies the gaps in application of the reciprocity principle in the civil process and proposes solutions of the stated problems.

Keywords:

principle of reciprocity, civil litigation, enforcement of foreign court decisions, jurisdictional immunity, jurisdictional immunity of foreign states, principles of civil procedure, national treatment, foreign persons, international civil litigation, retortion.

For citation:

Enikeyev O. A. The disitinct problems of implementation of the reciprocity principle in the civil process of Russia // Business. Education. Law. Bulletin of Volgograd Business Institute. 2017. No. 2 (39). P. 221–224.