CONSULAR REPRESENTATION OF FOREIGN PERSONS IN THE COURTS OF THE RUSSIAN FEDERATION

 

Irina V. Vorontsova1, Regina G. Dolotina2, Yana V. Kiseleva3*, Nikolay V. Sapozhnikov4, Vladislav E. Granovskiy5

 

1Kazan Branch of the Russian State University of Justice, Kazan, Russia, odiv@mail.ru

2Kazan Branch of the Russian State University of Justice, Kazan, Russia, rdolotina@mail.ru

3Mari State University, Yoshkar-Ola, Russia, jane_newkirk@icloud.com

4Mari State University, Yoshkar-Ola, Russia, 89648630666@yandex.ru

5Mari State University, Yoshkar-Ola, Russia, gureva.jana@yandex.ru

*Corresponding author

 

Abstract

Continuous growth of international relations in various spheres of public life causes an increase in the number of civil legal relations, in which representatives of different states enter. At the same time, the number of civil disputes inevitably increases the consideration and resolution of which most often occur precisely in the courts.

Foreign countries are certainly interested in providing full and high-quality protection of the rights and interests of their citizens and legal entities in the territory of other states, not only to ensure the guarantees established by their national legislation, but also for the purposes of compliance with and enforcement of Section 1 of Article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms.

One of the effective means to achieve this goal is the institution of judicial representation, which provides the interested person with qualified legal assistance. This institution serves to realize the right to judicial protection, is aimed at provide access to justice, and also facilitates the court's decision of a legitimate and informed decision by assisting the court in establishing objective truth in the case.

This article analyzes the norms of the Vienna Convention on Consular Relations, 1963 and the CCP RF in an attempt to determine the legal nature of the consular judicial representation of foreign citizens from the point of view of Russian law, including with the purpose of resolving the problematic issue of the scope of the consul's authority acting as a representative of a foreign person in civil process.

Keywords:foreign person, judicial representation, consul, international civil process

 


FULL TEXT PDF

CITATION: Abstracts & Proceedings of INTCESS 2019- 6th International Conference on Education and Social Sciences, 4-6 February 2019- Dubai, UAE

ISBN: 978-605-82433-5-4