Originally from Enforcement of Money Judgments

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I.  PRESENT ATTITUDE TOWARD ENFORCEMENT OF FOREIGN MONEY JUDGMENTS

A. Describe the receptiveness of your government (including courts) toward enforcement of foreign money judgments.

Foreign money judgments may be recognized and enforced in the Kyrgyz Republic only if it is provided by respective laws or international treaties of the Kyrgyz Republic. Recognition and enforcement are also allowed, at least formally, on the basis of reciprocity.

This important rule is stipulated in Article 428 of the Civil Procedure Code of the Kyrgyz Republic dated January 25, 2017  (“Civil Procedure Code”) which is the main national legal act establishing key procedures and order for recognition and enforcement of decisions of international and foreign courts, as well as awards of international and foreign arbitration institutions.

More comprehensive rules regulating the process of actual enforcement of judgments are provided in the Law of the Kyrgyz Republic on Status of Court Executors and Enforcement Process dated January 28, 2017 (“Enforcement Law”).

Since its establishment the Kyrgyz Republic has been open for international cooperation on legal issues and has entered into several treaties touching upon issues of recognition and enforcement of foreign judgments.  However, the number of such treaties still remains small; most of the existing international treaties have been concluded with the CIS member states.  The main treaties include the following (due to the scope of this report, we do not consider here any treaties dealing with arbitral awards):

• Agreement on the Procedures for the Reciprocal Enforcement of Decisions Issued by Arbitral, Commercial and Economic Courts within the Members of the CIS dated March 06, 1998 (“Moscow Agreement”);