До поняття виконання рішень іноземних судів: національне законодавство та наукова доктрина

This article is dedicated to the analysis of Ukrainian national legislation and domestic scientific doctrine regarding the presence of a formed and established definition of the concept «enforcement of foreign court decisions» as one of the integral elements of the entire institution of recognition and enforcement of foreign court decisions in Ukraine. The article contains an analysis of both current Ukrainian legislation (in particular, some provisions of the Law of Ukraine «On International Private Law» and the Civil Procedure Code of Ukraine), as well as some acts that have lost their validity over time (for example, the Law of Ukraine «On Recognition and Enforcement of Foreign Court Decisions in Ukraine»), but contained important provisions, in a historical context, regarding the enforcement of foreign court decisions. The authors emphasize that the Ukrainian legislator did not consider it necessary to distinguish the concept of «enforcement of foreign court decisions» and to legally establish its comprehensive definition, despite the fact that this concept is repeatedly mentioned in the texts of various legal acts. The article emphasizes the importance of establishing a definition of the studied concept in the texts of legal acts. As a result, the authors present a number of definitions of «enforcement of foreign court decisions» proposed by scientific doctrine. These definitions, although partially, give some idea about the essence of the concept under study. However, no scientific source has provided a comprehensive and exhaustive answer to the question of defining «enforcement of a foreign court decision». Considering this, the authors highlighted their own approach to forming the definition of «enforcement of foreign court decisions». It is proposed to consider that this concept is «compound» and contains two other, more understandable and simple legal categories: «enforcement of court decisions» and «foreign court decision». The authors analyzed the semantics of each of these concepts, conducted an analysis of existing scientific works, and identified their own characteristic features. The authors proposed their own interpretation of both the concept of «enforcement of court decisions» and «foreign court decision». Based on the results of the conducted scientific research, the authors formulated their own definition of the concept «enforcement of foreign court decisions», which will serve as a basis for further research on this topic. The authors emphasized that this study still leaves quite a few debatable issues regarding the concept of «enforcement of foreign court decisions», which will be addressed by them in future works.