Legal cooperation between Russia and the USA: historical roots of modern problems

Introduction. Relations between Russia and the United States have nearly three centuries of history, and for more than two hundred years the countries had diplomatic relations which were interrupted for sixteen years from 1917 to 1933. Perhaps the XIX century was the most peaceful and fruitful for our countries when the interests of the Russian Empire and the United States on the world stage did not contradict each other, often coincided, thus excluding confrontation between the two nation-states. The XIX century for Russia and the United States was marked by the singing of a number of bilateral treaties, including the treaty on the extradition of criminals, which consolidated their partnership.

On the contrary, the XX century is marked by unstable and cyclical relations between the two countries. The rejection of Soviet power, the long period of non-recognition of the Soviet Union was followed in 1933 by mutual multifaceted cooperation between the USSR and the United States, which included the legal sphere, and by the allied relations during the Second World War. The second half of the twentieth century was the time of open confrontation between the two world giants, when the crisis of relations between the USSR and the United States put the world on the brink of world war III. In such conditions, there could be no talk of improving the legal framework of legal cooperation, and the agreement on the procedure for execution of court orders concluded in 1935 did not find its practical application.

Modern Russia has assumed the entire burden of problems and contradictions in legal cooperation with the United States. Searching for ways out of them is possible only on the basis of historical analysis of their prerequisites, taking into account the peculiarities of modern international relations.

Materials and methods. The methodological basis of the study is the dialectical method of cognition of phenomena in the relationship and mutual conditionality using a set of general and particular scientific methods of cognition of reality. The historical method contributed to the restoration of the chronological sequence of legal cooperation between Russia (USSR) and the United States. The method of actualization made it possible to identify the historical factors that determined the peculiarities of international cooperation in the legal sphere. The method of diachronization made it possible to identify certain successive stages in the development of international legal cooperation between Russia (USSR) and the United States, to compare them, to identify patterns of development.

Results. In the framework of the study, the author found that inter-state legal cooperation is an integral part of the foreign policy of states. The international legal basis of cooperation between Russia and the United States in civil, family and criminal cases was created in a different historical era, does not meet modern international relations, and is poorly implemented by the justice authorities of the two States.

There is no treaty on legal assistance in civil and family matters that is fundamental to the protection of the rights and legitimate interests of citizens of both States, and there are no provisions on extradition in the Treaty on legal assistance in criminal matters.

Discussion and Conclusions. The international legal framework of cooperation between the Russian Federation (and earlier - the Soviet Union) and the United States of America in the legal sphere; the problems of implementation of international legal assistance in civil, family and criminal cases are researched. The main provisions of the Treaty on mutual legal assistance in criminal cases of 2000; multilateral Conventions on the service abroad of judicial and extrajudicial documents in civil or commercial cases of 1965 are analyzed. The 1958 Convention on the recognition and enforcement of foreign arbitral awards, the 1935 Agreement “On the procedure for the execution of court orders between the Union of Soviet Socialist Republics and the United States of America” were explored. The prospects for the development of legal cooperation between Russia and the United States are shown.

1. Grigorieva O.G., 2013. Mezhdunarodnaya pravovaya pomoshch po grazhdanskim delam v sovetskom prave: istorikopravovoe issledovanie [International legal assistance in civil cases in Soviet law: historical and legal research]. Moscow.

2. Grigorieva O.G., 2013. Ponyatie mezhdunarodnoi pravovoi pomoshchi po grazhdanskim delam v yuridicheskoi nauke sovetskogo gosudarstva [The Concept of international legal assistance in civil cases in the legal science of the Soviet state]. Biznes v zakone [Business in law]. № 6.

3. Grigorieva O.G., 2017. Osushchestvlenie i zashchita grazhdanskih prav mekhanizmami mezhdunarodnogo pravovogo sotrudnichestva: istoricheskii opyt, puti sovershenstvovaniya zakonodatelstva [Implementation and protection of civil rights by mechanisms of international legal cooperation: historical experience, ways to improve legislation]. Mezhdunarodnoe pravo i mezhdunarodnye organizacii [International law and international organizations]. № 1.

4. Engibaryan R., 2017. Mnogolikaya demokratiya: vremya pereocenki cennostei [Multifaceted Democracy - It’s Time to Re-Evaluate Values]. Mezhdunarodnaya zhizn [International Affairs]. № 9.

5. Engibaryan R., 2017. The institution of presidency ih the USA. Giornale di Storia Costituzionale [Journal of constitutional history]. T. 33. P. 175-183.

6. Mironov A. Sudebnye porucheniya po grazhdanskim i semeinym delam: mezhdunarodno-pravovoi aspekt [Letters rogatory in civil and family cases: international legal aspect]. URL: https://cyberpedia.su.

7. Nikulshina O.G., 2005. Zalog (nekotorye grazhdansko-pravovye i ugolovno-processualnye aspekty) [Pledge (some civil and criminal procedural aspects)]. Notarius [Notary]. № 4.

8. Tikhonov G.S. Russko-amerikanskie otnosheniya v XIX veke [Russian-American relations in the XIX century]. URL: https://rusorel.info.

9. Toynbee A.J., 2001. Postizhenie istorii. Sbornik. T. II. Genezis civilizacii. Vyzov-i-Otvet [A study of history. Collection. Vol. II. Genesis of civilizations. The call-and-Response]. Moscow.