Violation of the Public Order as a Ground for Refusal of Recognition and Enforcement of the Foreign Judgement and Foreign Arbitral Award

This research is aimed at the study of some issues on the problems of public order. Today there is a situation in Russian judicial practice when none of the participants of the arbitration process can answer whether it is acceptable to refuse to recognize and enforce a foreign decision in connection with a violation of public order in a particular case. The purpose of this researsh is a comprehensive analysis of public order, and among the tasks of the study is the definition of the term "public policy", the analysis of foreign legislation and judicial practice, as well as an analysis of current domestic judicial practice on public policy. The methodological basis of the research is both general scientific and private scientific methods, including formal legal, historical legal, statistical, comparative legal, sociological, and others. The theoretical basis of the research is the works of such theoretical scientists and practitioners as A.V. Asoskov, A.P. Belov, L.A. Lunts, P. Lagard, F. Malory, A.I. Muranov, S.V. Krokhalev, S.A. Kurochkin, T.N. Neshataeva et al. The empirical part is based on foreign and domestic judicial practice and judicial statistics. As a result of the study, it was revealed that public order is a functional term, the scope of which is determined by the legislator, and interpretation issues, taking into account the boundaries defined in law, is the task of the court. In addition, it has been established that the main function of public order is the protection of public interests. It should be borne in mind that public interests are not equal to the interests of the state. The study also revealed that there is a direct relationship between the approach to the interpretation of the term “public order” and the pro-arbitration policy of the state. The more friendly the arbitration is to the state, the narrower the approach to the interpretation of public order.