The recognition and enforcement of foreign court judgments in Turkey are governed by the International Private and Procedural Law (IPPL). In the case of judgments originating from Uzbekistan, procedures are further supported by the Treaty on Mutual Legal Assistance in Civil, Commercial, and Criminal Matters, signed between Turkey and Uzbekistan on 17 July 1997 and entered into force on 7 November 1997. This article outlines the legal framework, treaty-based exemptions, and jurisdictional considerations relevant to Uzbek court decisions.

1. Competent Court for Recognition and Enforcement

Pursuant to Article 51 of the IPPL, civil courts of first instance (Asliye Hukuk Mahkemesi) are generally competent to hear recognition and enforcement lawsuits. However, if the foreign judgment concerns family law matters such as divorce, custody, or alimony, Article 4 of Law No. 4787 provides that Family Courts (Aile Mahkemeleri) shall have jurisdiction.

2. The Legal Basis: The 1997 Treaty between Turkey and Uzbekistan

The 1997 Treaty on Mutual Legal Assistance governs key areas relevant to civil and commercial litigation, including:

• Recognition and enforcement of judgments

• Legal assistance

• Exemption from security for costs and court fees

Article 4 of the treaty establishes the commitment of both states to offer mutual legal assistance in civil and commercial matters. This includes:

• Transmission of judicial documents

• Expert reports and evaluations

• Procedural cooperation such as hearings of parties, witnesses, and experts

3. Exemption from Security for Costs for Uzbek Nationals

Under Article 15 of the treaty:

“Citizens of either Contracting Party shall not be required to provide security for costs merely on the grounds of their foreign nationality or their lack of domicile or residence in the country of the other Contracting Party.”

This means Uzbek citizens are exempt from providing security for costs when initiating lawsuits or other legal proceedings in Turkey.

Additionally, Article 48(2) of the IPPL affirms that Turkish courts may also waive the security requirement based on the principle of reciprocity.

Under Article 90 of the Turkish Constitution, international agreements duly ratified by Turkey carry the force of law. Therefore, the 1997 treaty is directly applicable in Turkish courts.

4. Recognition and Enforcement of Judgments and Arbitral Awards

The recognition and enforcement of judicial and arbitral decisions is regulated under Article 19 of the Treaty, which provides:

The following decisions may be recognized and enforced:

1. Judicial decisions in civil and commercial matters related to property,

2. Criminal judgments awarding civil compensation,

3. Arbitral awards in civil and commercial matters,

4. Civil and commercial judgments rendered after the treaty’s entry into force,

5. Personal status decisions (e.g., family law) rendered before the treaty’s entry into force.

This explicitly includes judicial and arbitral decisions, demonstrating that Uzbek court judgments and arbitral awards can be legally recognized and enforced in Turkey based on the treaty, without requiring an additional reciprocity assessment.

5. Additional Conditions for Recognition and Enforcement

While the existence of a treaty and reciprocity provide the foundational basis, the following statutory conditions under the IPPL must also be met:

• The judgment must be final and binding in Uzbekistan,

• The judgment must not violate Turkish public order (ordre public),

• The judgment must not fall within the exclusive jurisdiction of Turkish courts,

• The right to a fair trial must have been observed during the foreign proceedings.

Conclusion

Uzbek court judgments—including family law decisions and arbitral awards—can be recognized and enforced in Turkey in accordance with both the IPPL and the 1997 Treaty. Key highlights include:

• Family law decisions should be submitted to Family Courts.

• Uzbek citizens are exempt from providing security for costs.

• Reciprocity exists and is formalized through a ratified treaty.

• Arbitral awards and civil judgments are expressly covered.

• All general procedural conditions must be satisfied in practice.

This legal framework promotes smoother cross-border legal cooperation and ensures that judgments from Uzbekistan can be effectively given legal force in Turkey.