Analysis of some consequences of protecting the right to justice in disputes related to sanctioned transactions

Within the framework of the article, the author analyzes the conditions of application of the provision of Article 248.1 of the Arbitral Code of the Russian Federation regarding the justification of the exclusive jurisdiction of Russian courts in disputes involving persons affected by sanctions restrictions, as well as the conditions of application of Article 11 (a) of Regulation (EU) 833/2014, which grants citizens of the European Union and legal entities incorporated in the European Union the right to damages and court costs related to the consideration of a dispute related to a sanctioned transaction in a jurisdiction outside the European Union and, in particular, in Russian state courts in the case of a Russian court substantiating jurisdiction on the basis of Article 248.1 of the APC RF. The author examined the prerequisites for the application of relevant norms, taking into account current judicial practice, highlights differences and common approaches to the implementation of relevant powers.The author used a comparative legal method and compared legal approaches to the application of Article 248.1 of the Code of Arbitration Procedure of the Russian Federation with the prerequisites for the application of Article 11 (a) Regulation (EC) 833/2014. The research topic seems relevant to the author due to the need to analyze the judicial approaches being developed to the application of Article 248.1 of the Arbitration Procedural Code of the Russian Federation, the legal positions of the Supreme Court of the Russian Federation aimed at protecting the constitutional right to judicial protection. Also of scientific interest are the approaches of foreign states aimed at protecting foreign persons and transferring legal disputes to a foreign jurisdiction in order to guarantee maximum protection for foreign citizens and legal entities, regardless of the possibility of providing equal jurisdictional and organizational guarantees to Russian participants in the dispute. A comparative analysis of the prerequisites for the application of relevant legal norms in the Russian Federation and the European Union makes it possible to identify both similar approaches to legal regulation and differences, as well as to assess the impact of the application of these norms on the legal and economic situation of the parties to the dispute.

exclusive jurisdiction, Article 11a, sanctions transaction, European Union, APC RF, Judicial protection, Compensation for damages, Compensation legal costs, Impartiality, Jurisdiction violation