DEMARCATION OF JURISDICTION OF COMMERCIAL AND GENERAL JURISDICTION COURTS IN CASES ON ACKNOWLEDGMENT AND ENFORCEMENT OF FOREIGN COURT RULINGS

The article is aimed at identifying the commercial courts and courts of general jurisdiction competence delimitation peculiarities in cases of issuing of issuing foreign judgments recognition and enforcement. Having reviewed the formation of the judicial systems of states and the competence of the courts in their structure specifics, the author concludes that the specialization of the foreign court that made the judgment can be taken into account in the matter of delimiting jurisdiction in the pending case. Analyzing the application of such a criterion for delimiting competence as the subject composition, the author reveals its ineffectiveness considering the participation of foreign persons in the case category, since the establishment of their status and rights to the subject of business activity may be associated with a considerable number of the foreign jurisdiction legal system features, defining their personal law. The article concludes that the main approach to delimiting competence should be to identify the legal relationship nature resolved by a foreign court.