Execution of Foreign Judicial Decisions: A Comparative Analysis of Legal Mechanisms in Kazakhstan, Russia, the USA, China, and European Countries

Аннотация

This article presents a comprehensive analysis © 2025 Original content from this work may be used under the terms of the creative commons attributes 4.0 License. of modern mechanisms for the recognition and enforcement of foreign judicial decisions, with a particular focus on practice in the Republic of Kazakhstan. The study covers the period 2018–2024 and is based on a comparative analysis of legislative norms, judicial practice, and international conventions in Kazakhstan, Russia, the USA, China, and European countries. Special attention is paid to the application of the principle of reciprocity, the influence of international trends and political factors on the enforcement of judicial decisions, and the identification of promising directions for the improvement of national legislation. The work relies on recent publications from reputable sources (Scopus, Web of Science, and analytical reports from leading consulting organizations) and demonstrates that the modernization of the legal mechanism for enforcing foreign judicial decisions is a crucial condition for enhancing trust in the national judicial system and strengthening international cooperation. Keywords: foreign judicial decisions; enforcement of judicial decisions; principle of reciprocity; international law; arbitration; civil litigation; Kazakhstan; comparative analysis. The American Journal of Management and Economics Innovations 52 https://www.theamericanjournals.com/index.php/tajmei Introduction: In an era of globalization and increasing international agreements on the mutual recognition of cross-border connections, the issue of recognizing and decisions, or the application of the principle of enforcing foreign judicial decisions has become reciprocity based on national law in the absence of an particularly relevant. The effective enforcement of agreement [3]. In the Russian-language literature, decisions from foreign courts (both state courts for civil particular attention has been paid to the enforcement matters and arbitration institutions) directly impacts of decisions within the CIS and under bilateral the confidence of international trade participants in the agreements (for example, in the works of M. protection of their rights and reduces risks when Suleimenov et al.), whereas foreign studies often focus conducting business abroad [1, 2]. Despite the active on the practical experience of common law countries development of international trade and investments, (the USA, the United Kingdom) from the perspective of until recently there was no uniform, universal the doctrine of comity. Modern publications note the mechanism for enforcing foreign judicial acts. Each insufficient unification of rules and the associated risks country has developed its own approach to this issue— for legal relations [2], but also indicate progress – from the principle of reciprocity and international notably, the adoption of a new Convention on the treaties to the doctrine of comity [3, 4]. This has given Enforcement of Foreign Judicial Decisions by the Hague rise to extensive literature: researchers analyze both Conference on Private International Law in 2019, aimed the theoretical foundations (the issues of reconciling at enhancing predictability and reducing costs in cross- sovereignty with the need for international border disputes [1]. However, as recent research cooperation) and the practical obstacles faced by shows, the effective application of even ratified creditors attempting to enforce foreign judicial international norms largely depends on the readiness decisions [2]. In recent years (2018–2024), significant of national courts to adhere to the spirit of shifts have been observed in this field—from the international cooperation or, conversely, to prioritize conclusion of new multilateral conventions to changes sovereign interests (for example, through public policy in national legislation and judicial practice influenced exceptions or politically motivated restrictions) [5]. This by geopolitical factors. study is based on the aforementioned theoretical work and current practice data, which together provide a Therefore, the aim of this study is to analyze modern comprehensive understanding of the present state of approaches to enforcing foreign court decisions in the issue. various legal systems (Kazakhstan, Russia, the USA, China, and European countries). To achieve this aim, 1. International Legal Mechanisms and Modern the following tasks are set: Trends 1. To explore the international legal foundations and The recognition and enforcement of a foreign judicial trends in the development of mechanisms for the decision generally require either an international legal recognition and enforcement of foreign judicial basis (in force between the state issuing the decision decisions; and the state enforcing the agreement or convention) or a domestic legal mechanism that permits such a 2. To analyze Kazakhstan’s national regulation in this procedure under