M.R. ZAGIDULLIN, 

Candidate of Legal Sciences, Associate Professor of the Department of Environmental, 

Labor Law and Civil Procedure of the Kazan (Volga Region) Federal University 

O.A. RUZAKOVA, 

Doctor of Legal Sciences, Deputy Chief of Staff of the Committee of the State Duma 

of the Federal Assembly of the Russian Federation on Civil, Criminal, 

Commercial («Arbitrazh») and Procedural Legislation 

R.B. SITDIKOV, 

Candidate of Legal Sciences, Senior Lecturer of the Department of Environmental, 

Labor Law and Civil Procedure of the Kazan (Volga Region) Federal University 

This commentary provides an analysis of the chapter 43, which consists the general provisions of the procedure with foreign persons, chapter 44 “Jurisdiction of Cases with Foreign Persons in Courts of the Russian Federation” and chapter 45 “Admission and Enforcement of Foreign Court Decisions and Foreign Arbitration Decisions” of the Civil Procedure Code of the Russian Federation. The national regime covers foreign citizens, persons without citizenship, foreign and international organizations, i.e. they have procedural rights and procedural duties equally with Russian citizens and organizations, including the right to appeal to the court. Along with the Civil Procedure Code of the Russian Federation the procedure with foreign persons is regulated by international treaties, in which the Russian Federation participates. To consider cases with participation of foreign persons it is necessary to determine the jurisdiction of the dispute taking into account the foreign element in the dispute. The first step is to identify the state the jurisdiction of which the dispute relates (the Russian Federation or otherwise), and then the family and territorial jurisdiction in the country. Commented articles determine those categories of cases with foreign persons which under the jurisdiction of Russian courts. Jurisdiction of cases with foreigners is determined not only by the provisions of the Civil Procedure Code, but other Federal laws and international treaties. The international treaties that determine the provisions on jurisdiction have precedence. In the event of any conflict between the provisions of the Civil Procedure Code of the Russian Federation (another Federal law) and international treaties rules of the international Treaty are subject to the application. Meanwhile, the Concept of the Unified Civil Procedure Code states that it is necessary to provide a reservation about the possibility of recognition and recourse to enforcement in Russia of foreign court and arbitral decisions based on not only international Treaty and Federal law, but also the principle of reciprocity. In the Russian Federation recognition and enforcement of foreign court decisions is only possible in accordance with the international Treaty. The Russian Federation is a party to both bilateral and multilateral treaties that define the mutual execution of decisions of courts of States parties to the treaties. 

Keywords: international jurisdiction of civil cases; foreign court decisions; civil procedure.