DECISIONS OF INTERNATIONAL, TRANSNATIONAL AND FOREIGN JURISDICTIONAL BODIES AND ECONOMIC SECURITY OF THE STATE: PROBLEMS OF RECOGNITION AND ENFORCEMENT

Abstract

The article examines the problem of the influence of judgments of international jurisdictional bodies, international commercial arbitration and  national courts on the negative consequences for the state, as well as analyzes the problem of intervention in the legal system of the state through decision-making by international jurisdictional bodies. It is noted that recently international and national jurisdictional bodies are increasingly taking resonant decisions that are challenged and not implemented by states. It should be considered that decisions of international and national judicial bodies may affect the sovereign rights of a state, as a result of which recognition and enforcement of such decisions is related to security issues. The focus of the study is on the problem of the state’s refusal to recognize and enforce international, transnational and foreign decisions of jurisdictional bodies. The work compares the existing concepts of recognition and enforcement of foreign judicial and arbitral decisions (the presence of an international treaty, reciprocity, or a combination thereof), as well as the consolidation of these concepts in national procedural codes. It is provided a comparative analysis of the provisions on public order in international legal and national acts and the use of this category by the state as a cause for refusing to recognize and execute foreign judgments and arbitral awards. There is a unregulation in international and national law of situations of lawful refusal by the state to execute decisions of international judicial bodies. States should designate limits for the implementation of international jurisdictional bodies and provide for the possibility of refusing to enforce them if the constitutional foundations of the state are affected. The article proposes to consider the category “public order” as a possible means of protection against the enforcement of decisions of jurisdictional bodies of various levels, including international judicial bodies, the use of which is aimed at ensuring the security of the state.