Supreme Commercial Court to explain how to resolve 'legal order' disputes
MOSCOW, December 6 - RAPSI, Sergei Feklyunin. The Supreme Commercial Court plans to explain how to execute foreign court rulings that contradict the public order in Russia to lower courts, the court spokesperson told RAPSI on Thursday.
The phrase "public order" implies the basics of the legal order and fundamental legal principles that are imperative, universal and publicly significant in a given country.
The Supreme Commercial Court has drafted a legal review, which has 14 distinctive examples of disputes related to the issue of legal order, which is addressed in the Russian Civil Code.
Pursuant to the code, a provision of a foreign law is not applicable in Russia in cases when its application would contradict the basics of the law and order (legal order) in the country.
A provision of a foreign law also cannot be refused to be applied in Russia solely due to political, legal, or economic differences between the systems of Russia and the foreign state, according to the code.
The draft review will be discussed on December 20 at a Supreme Commercial Court presidium meeting. A number of its provisions may also be amended.