Recognition and enforcement of foreign court judgments in the Kyrgyz Republic

In the context of developing international legal relations, the issue of recognition and enforcement of judicial acts, rendered outside of the national jurisdictions is of critical importance. In the Kyrgyz Republic, this process is strictly regulated by the Civil Procedure Code of the Kyrgyz Republic (the “CPC of the KR”).

Grounds for Recognition and Enforcement

Decisions of foreign courts, including acts approving settlement agreements, are recognized and subject to enforcement in the Kyrgyz Republic. The basis for this is the existence of an appropriate provision:

• in the laws of the Kyrgyz Republic;
• in international treaties that have entered into force in accordance with the established procedure, to which the Kyrgyz Republic is a party, or
• application of the principle of reciprocity.

Filing an Application: Requirements and Content

The procedure for recognition and enforcement of a foreign court decision is initiated by submitting a written application to a district or equivalent court in the Kyrgyz Republic. Jurisdiction is determined by the place of residence or location of the debtor. If this information is unknown, the application is submitted based on the location of the debtor's property.

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Authors:

Aisanat Safarbek kyzy, Partner

Tilek Obolbekov, Associate