Jurisdiction: insights, essential attributes, and guidelines for selection

Abstract

The study of jurisdiction allows us to present the most significant trends in the evolution of modern law.The concept of jurisdiction is a complex issue with various interpretations.There are ongoing scientific discussions about each of the hypostases where jurisdiction appears,and these discussions have considerable implications for law enforcement practice. Conventional legal theory states that national jurisdiction is a crucial component of the legal framework that applies to a single state or commonwealth of states. In the late 20th and early 21st centuries, many regional and universal international conventions were adopted to regulate jurisdiction disputes in the field of civil law.Theyspecifythe subjects of the courts’ jurisdiction, set forth the procedures for recognizing and executing judgments made by foreign courts, determine the process for enforcing those judgments, and decline to grant exequatur. If a court has the authorityto decide a case involving a foreign element,it must go through a multi-step process to determine which jurisdiction to exercise. The article examines how Russian law and the legislation of several other nations handle the issue of jurisdictional choice, the steps involved in making that decision, and the key doctrines that the court should follow.