What method is typical for private law? International private law. Methods of regulation in private international law

Almost 200 legal systems existed in the world at the beginning of the formation of private law at the international level. Each of them carried out its functions separately by establishing certain norms for regulating essentially the same social relationships. However, the need for additional control of rights often began to arise, which was the main reason for the creation of a system of special rules that took into account the international nature of relations.

The essence and subject of private international law

PIL is a complex that combines the relevant norms of the legislative framework of the state, as well as treaties and traditions of an international nature that regulate property or personal relations with the condition that they are complicated by at least one element of the legislation of another country.

It is important to note that international private law (its subject and method) occupies a special position in the general legal system, as it forms an absolutely independent branch of jurisprudence. Relationships controlled by norms are not within the jurisdiction of a particular state, which proves their absolute uniqueness.

PIL defines the subject, which is the regulation of legal relations between citizens with the condition of supplementing these relationships with a “foreign” shade. Thus, the presented structure allows for complete control of private law interaction through historically formed institutions, which are specific continuations of individual private law complexes (civil, labor or family).

Scientific knowledge of private law

Modern complex scientific ideas and knowledge in the sense of social phenomena with a “foreign” tint constitutes a corresponding direction in science, which can be classified into general and special parts, and also includes a civil code of an international nature.

Thus, the general part contains a study of terms widely used by specialists in the relevant field, active principles, which are described in detail below, and so on. In addition, the general part of the science under consideration should include familiarization with the legal status of the subjects of civil law interaction, complicated by a foreign connotation, and, naturally, with the state, which is a special subject of this type of activity. Moreover, science considers foreign entities, both legal and physical, solving problems of private international law.

The special part contains a number of sections in its structure:

ownership;
international transportation;
interaction for the purpose of carrying out settlement transactions;
family and personal relationships;
intellectual property;
eradication of disagreements regarding inheritance;
labor interaction and civic orientation.

General principles of private law

The common element in the structure of law are certain principles. It is important to note that this axiom applies equally to the legal system at both the national and international levels. The guiding ideas that characterize the content of international private law (the subject and concept of the term are discussed above), its essence and purpose, form options for improving legal norms, are classified in accordance with two categories: general principles and special.

The first group contains the following elements:

The principle of national jurisdiction of relations of a private law nature with an element of a foreign state.
The principle of conflict of laws regulation of these relations.
The principle of guaranteed use of the legislation of a foreign state in accordance with the conflict of laws rule.
The principle of dispositivity (autonomy of the will of each party).
The principle presupposes a one-time use of the conflict of laws rule.
The principle of absolute priority of the norm of an international treaty over the norm of a clause of national legislation.

Special private law principles

When solving certain problems in the area under consideration, individuals in private international law are often guided by special principles, which are fundamental principles of conflict of laws, which are fully recognized by the doctrine of private international law and enshrined in legislation as a general rule. In addition, they are often used in practice even if there is no direct provision in the law on this issue. Thus, the central conflict of laws principles include:

The principle of the flag (relations regarding the implementation of international transport).
The principle of the location of a certain thing (property of a certain person (group of persons)).
The principle of the place of harm.
The principle of the place of specific work activity (regulation of labor relations with an element of a foreign state).
The principle of the location of the central executor for a particular transaction.
The principle of excluding the guidance of foreign law in copyright relations (regarding the protection of the author’s rights).
The principle of excluding the application of procedural legislation of foreign origin.

Features of the regulatory aspect of international private law

The concept of international private law and the implementation of its basic principles presuppose the existence of appropriate legislative guidance. Thus, the regulatory aspect of international private law consists of conflict of laws, substantive and procedural rules. The first group of acts is the leading one, since the central task of private law is to resolve and eradicate clashes between the legal orders of two structures. Conflict of laws rules determine the state, the application of whose law is appropriate in a particular situation, in accordance with information from the following sources: legislation at the national level and international treaties, the structure of which contains many unified conflict of law rules.

The second part of international private law (the subject, concept and principles are discussed above) includes direct impact standards that regulate international civil law relations. Thus, substantive legal norms of both a national and international nature are widely used in regulating private law relationships with an element of the legislation of a foreign state.

Sources of private law

Today in modern literature there are many different classifications regarding the forms of demonstration of the will of the state, which relates to the absolute recognition of the fact of the existence of such a category as law, as well as its creation or structural change (adding or excluding the relevance of a certain element). In accordance with the most common classification, the sources of law are the following components:

An international treaty, which may be adopted in the form of a convection, pact or agreement.
Laws of a national nature (or a specific law formed at the appropriate level).
A certain custom (an unwritten rule, characterized by a special frequency of repetition, which society often encounters). There are traditions of business or merchant shipping, national or local customs.
(is an independent type of sources of international private law and is defined as a decision of a judicial authority, mandatory when familiarizing other courts with situations of a similar nature).

Functions of private law

Modern private international law exists with the aim of bringing relations beyond the jurisdiction of one state into absolute order. The strategic goal is achieved by solving certain tasks, which, as a rule, come down to performing the following functions:

The coordinating function is to clearly reflect the generally accepted standards of conduct for any state through the rules of private international law.
The regulatory function makes it possible to form a system of rules of behavior in a wide variety of areas of relations on an individual basis for each state.
The provisional function serves as a tool to encourage all states in the course of their life to be guided by international obligations through their adoption of the relevant rules of international private law.
The protective function provides guaranteed protection of the rights of the state and the legitimate interests of subjects of private law relations.

Methodology of control in private law

The concept, specificity and subject of private international law, of course, occupy a special position at the global level. However, it is a well-formed methodology that allows you to achieve the most high results the impact of private law on the final solution of a particular situation. It is important to note that completely different positions of specialists in terms of sources and standards of private law predetermine disagreements regarding views on the formation of methodology. Scientists debate whether it is possible to diversify the methods. However, most specialists accept only the general method of private law - overcoming collisions. The latter option is fully supported by such figures as V.P. Zvekov and G.K. Dmitrieva.

There is also an opinion that the functioning of the category of knowledge under consideration is carried out through the active management of the two elements under consideration: conflict of law and substantive law. It should be noted that scientists from different countries have come up with many similar categories, however, few of them have found wide recognition in society. Vivid examples of such methods are autonomy of will and unification of law.

Legislative structure of international private law

The concept of international private law presupposes an appropriate regulatory justification. Thus, such a complex of private international law includes norms that are diverse in origin, nature and structure. A special part of this complex are special elements, which include the Law on Private International Law. It is accepted in almost all countries of the world (Poland, Hungary, Belgium, Venezuela, Tunisia and so on). It is important to note that the formation of the presented document, as a rule, is carried out on the basis of a number of principles in terms of structuring the content:

The first section examines general concepts (essence, subject of private international law, its sources and methods).
The second section involves studying the normative aspect of international private law. Thus, by familiarizing yourself with certain norms, it is possible to determine the appropriate law in a wide variety of areas of social relations.
The last section consists of transitional and final provisions that serve as a specific finish to the consideration of the document.

Modern problems of private law

Naturally, all types of private international law involve certain difficulties in the course of studying and further application of this category. A special place among them is occupied by the issue of codification of international private law. It is also worth highlighting the problems of unifying the regulation of private law social interaction, because character serves as the first step in controlling private law relations of the same direction. In turn, the latter chose as the central formula for the relationship between national and international public law the recognition of the latter’s role as an “absolute principle.”

Everyone knows that today globalization affects all aspects of life without exception. This means that it is completely natural that regulatory regulation is subject to constant additions and changes, allowing us to gradually approach the ideal picture. It is important to note that it is international law that is subject to the strongest pressure from these processes, which can be explained by the productive activities of specialists in terms of solving current problems.

MPP today

Modern trends in the development of private international law are formed in accordance with the processes of global economic integration, as well as the internationalization of public relations, which are called globalization. Thus, without competent regulation, it is impossible to bring economic and personal interests into absolute harmony, to form a system of cooperation that is extremely beneficial for both parties, and to significantly expand the national framework of rights and freedoms at the individual level. Thus, modern society strives to increasingly improve the human aspect of private international law. This method of private law allows you to organize absolute security and protection of human rights in the sphere of family, labor or civil law, which helps to improve mutual understanding between subjects of life and the formation of peaceful and good relations. Of course, this is a complete advantage not only in the sense of the direction considered, but also in terms of any aspect of the modern world.

The subject of private law is civil legal relations complicated by a foreign element. This is as follows:

In a civil legal relationship, along with Russian individuals or legal entities, foreign citizens or foreign legal entities or (which in principle is not typical for private law relations) a foreign state participate;

There is another foreign element in the legal relationship, in particular, the object of civil rights is located abroad;

When a legal fact with which the emergence, change, or termination of a legal relationship is associated occurs abroad.

In connection with such features of these legal relations, the main problem arises related to their existence, operation, and application of the norms of a particular state. Civil legal relations have developed in accordance with the principles and norms of this national legal system, in Russia - in accordance with the Civil Code of the Russian Federation. But it was further complicated by a foreign element. And the question immediately arises - what law (expressed in laws, customs, precedents, etc.) should be applied here? Russian? Or the right that, based on the principle of citizenship, extends to a foreign participant in a legal relationship? Or (in case of another “complication”) the law of the country in whose territory the property that is the object of the legal relationship is located is applied? These are the questions that private international law must answer.

Private international law uses two methods legal regulation:

The conflict of laws method involves first determining, on the basis of conflict of laws rules, the law of which state is applicable to the relevant legal relations, and only then - resolving the corresponding issue on the basis of national substantive rules.

Thus, the conflict of laws rule, together with the internal substantive rule, form a rule of conduct for participants in legal relations.

The use of this method is caused by differences in the regulation of the same legal relations by the legislation of different states.

The substantive method is the regulation of social relations by directly establishing the rights and obligations of its subjects.

If an international treaty Russian Federation contains substantive rules that are subject to application to the relevant relationship; a determination based on conflict of law rules applicable to issues fully regulated by such substantive rules is excluded (Clause 3 of Article 1186 of the Civil Code of the Russian Federation). Consequently, if there is a substantive rule that directly establishes the rights and obligations of the subjects of the regulated relationship, the need to apply a conflict of laws rule disappears.

The emergence of this method is due to the development of private international law, the emergence of an increasing number of substantive norms contained in international treaties, international legal customs, and acts international organizations.

The concept of private law. The problem of the subject and method of private law.

PIL- an independent branch of Russian law, which is a system of conflicts of laws (internal and contractual) and unified substantive private law rules governing private law relations (civil, family, marriage, labor and others), complicated by a foreign element, by overcoming conflicts of private law of different states.

There is no generally accepted definition of international private law in the doctrine yet. This is due to the lack of a uniform definition of the subject of international private law. In this case, it is possible to highlight a certain specifics of private partnership relations.

International private law:

regulates private law relations (civil law relations in the broad sense of the word) arising in international conditions (complicated by a foreign element);

has its own subject and its own method of regulation;

is a complex legal system consisting of conflict of laws and substantive rules of several branches of law;

unites institutions that are a kind of continuation of the institutions of private (civil, family, labor) law, to a certain extent derivative from the latter, they do not merge with them and do not dissolve in them;

is closely related to public international law, but is not part of it.

Subject International private law is the regulation of civil law relations complicated by a foreign element.

The scope of private international law includes the civil law and legal capacity of foreign individuals and legal entities; property relations of foreign individuals and legal entities; relations arising from foreign economic (trade, intermediary, installation and construction, etc.) contracts; financial and credit-settlement relations; relations on the use of the results of intellectual work (copyright, patent, etc.) of foreign individuals and legal entities; relations for the transportation of foreign goods; inheritance relations regarding property located abroad, etc. The list of relations is not exhaustive, but it gives grounds to judge that they all relate to relations similar to the subject of civil law. But private law does not regulate standard property relations, but those that arise in the international sphere. Based on this, two main features can be identified that characterize social relations that form the subject of private international law:

1. international relations;

2. civil relations.

Thus, only the simultaneous presence of these two characteristics makes it possible to outline the circle of social relations that constitute the subject of private international law.

The subject of private international law consists of civil legal relations of an international nature, or civil legal relations complicated by a foreign element.

Thus, the specificity of relations falling within the scope of PIL is the presence of a “foreign element”. By “foreign element” we mean:

– an entity that has foreign ownership;

– an object that has a certain affiliation with a foreign state;

– a legal fact that took place or is taking place abroad.

Theoretical and practical problems of combination and interaction of conflict of laws and substantive law methods of regulating civil legal relations complicated by a foreign element

In private international law there are traditionally two independent method legal regulation: conflict of law (CM) and substantive law (MM), which organically complement each other.

The content of the CPM is the choice of a competent legal order (that is, the choice of state law), carried out with the help of conflict of laws rules. This method of regulation is referred to as “referential”. The conflict of laws rule, indicating the competent legal order, refers to the determination of the rights and obligations of participants in a civil legal relationship to the law of a particular state.

The essence of the CPM is not to directly regulate a specific social relationship by legal means, but to find an objectively existing connection between the legal relationship with a foreign element and the national legal system, to connect them with each other, and only in such an indirect way, using objectively applicable substantive law, regulate private law relations with a foreign element.

The MPM, for its part, excludes the raising of a conflict of laws issue regarding the choice of any national law, since the essence of the legal relationship is regulated by specially created substantive rules unified in international treaties, or substantive rules of direct effect contained in national law. In other words, this is a direct action method.

When applying the CPM, the rule of conduct, the dispute resolution model, is formed by the sum of two rules: conflict of laws and substantive law, to which the conflict of laws refers. The methods of the conflict of laws method are internal (using the rules of national conflict of laws) and unified (through the application of the rules of international treaties “on applicable law” and conflict of laws rules of complex international agreements).

CPM is considered primary and fundamental in international private law, since the basis of international private law itself is precisely the conflict of laws rules.

The use of internal CPM is associated with significant difficulties of a legal and technical nature due to the fact that the conflict of laws rules of different states resolve the same issues differently (definition of personal law, the concept of the law of the essence of the relationship, etc.). The solution to the same issue can be fundamentally different depending on which state’s conflict of laws law is applied when considering the case. To some extent, this problem is eliminated if a unified conflict of laws method is used (reference rules of international agreements).

However, both the internal and unified conflict of laws methods have serious drawbacks - the uncertainty of legal regulation, the lack of precise knowledge of the parties about the potentially applicable law, the possibility of refusal to recognize and enforce foreign court and arbitration decisions due to the wrong choice of law, incorrect interpretation and application of foreign law.

In modern international communication, the importance of unified substantive norms and, accordingly, the role of MPM regulation is increasing. The sources of the MPM are international law and national laws specifically devoted to the regulation of private law relations with a foreign element. The main source of the direct method is unified international substantive rules, and national substantive rules can be directly applied only when considering a dispute in the “native” court.

MPM has serious advantages over CPM. The MMP is immeasurably more convenient; it simplifies and speeds up the resolution of a dispute, since its application eliminates the problems of choice of law and the need to apply foreign legislation. The main advantages of the MPM are its certainty, familiarity of the legal regulation for the parties, and the application, first of all, of unified (agreed) international norms. Russian legislation establishes the primacy of the unified MPM over the conflict one (clause 3 of Article 1186 and clause 6 of Article 1211 of the Civil Code of the Russian Federation). CPM plays a subsidiary role - it is applied in the absence of direct substantive regulations.

Dualism of sources of civil law.

Types of sources of international private law: 1) international treaties (this is an agreement regulated by international law, concluded by states and/or other subjects of international law); 2) domestic legislation; 3) judicial and arbitration practice (court decisions of a law-making nature, i.e. formulating new rules of law); 4) customs (this is a rule that has developed over a fairly long period of time and is generally recognized). The doctrine stated that the main feature of the sources of private law is their dual nature. On the one hand, the sources are international treaties and international customs, and on the other hand, the legislation and judicial practice of individual states and the customs applied in them in the field of trade and navigation. In the first case, we mean international regulation (in the sense that the same rules apply in two or more states), and in the second, domestic regulation. The duality of sources does not mean the possibility of dividing PIL into two parts; The subject of regulation in both cases is the same relations, namely civil relations complicated by a foreign element. The norms of both of these systems serve the same purpose - the creation of legal conditions for the development of international cooperation in various fields.

PIL DOCTRINE - in a broad sense, a system of views and concepts about the essence and purpose of international law in specific historical conditions, in a narrow sense, scientific works of international lawyers. The collective opinion of reputable lawyers from different countries is expressed in the documents that regulate modern private law: conventions, agreements, model and standard laws, all kinds of regulations. It plays a supporting role in the law enforcement process, for example, to establish the content of foreign law or to understand and interpret the rules of international private law. The doctrine of international private law sometimes helps to clarify certain international legal provisions, as well as the international legal positions of states. In particular, disputing parties sometimes use the opinions of experts on various issues of international law in their documents submitted to international judicial bodies. In specific judicial decisions, courts refer to doctrinal definitions, concepts, categories, classifications. Article 38 of the Statute of the International Court of Justice states that the Court applies the doctrines of the most qualified specialists in the public law of various nations as an aid to the determination of legal rules. The doctrines of qualified lawyers contribute to the development of draft international treaties and resolutions of international organizations, the correct interpretation and application of international legal norms. Doctrines develop and formulate new rules of international communication, which can become norms of international law if they are recognized by states in international treaties or international customs. Although in the modern period the importance of international law as an auxiliary source of international law has decreased, it has a significant impact on the formation of the international legal consciousness of a person and the international legal position of states.

Types of conflict rules

A conflict of laws rule is a rule that determines which state’s law should be applied to a given private law relationship, complicated by a foreign element. Hence its main feature: the conflict of laws rule in itself does not answer the question of what are the rights and obligations of the parties to a given legal relationship, but only indicates the legal order competent for this legal relationship, which determines the rights and obligations of the parties. This leads to the second feature of the conflict of laws rule: as a reference rule, it is applied only together with those substantive private law rules to which it refers.

The structure of the conflict of laws rule corresponds to the functional purpose of the conflict of laws, designed to ensure the choice of law and competently regulate private legal relations complicated by a foreign element. It consists of two elements: hypothesis (scope) and disposition (binding). The hypothesis of a conflict of laws rule, indicating the type of private legal relationship with a foreign element, determines the conditions under which this rule is applied. Disposition (binding) indicates the legal consequences that occur when a given private legal relationship arises and which consist in the choice of the law to be applied.

The classification of conflict of laws rules is determined by the objective criterion underlying it. Moreover, the classification is associated with the peculiarities of conflict bindings.

The most significant is the classification according to the form of conflict binding. On this basis, a distinction is made between unilateral and bilateral conflict of laws rules. Unilateral is a norm whose binding directly names the law of the country to be applied (Russian, English, etc.). As a rule, a unilateral rule indicates the application of the law of its country (the Russian conflict of laws rule indicates the application of Russian law).

International private law of various countries quite often uses unilateral conflict of laws rules. International treaties refer less frequently to unilateral norms. A two-sided conflict of laws rule is more typical. Its binding does not name the law of a specific state, but formulates a general feature (principle, rule), using which one can choose the law. Therefore, the binding of a bilateral norm is called the attachment formula.

According to the form of expression of the will of the legislator, conflict of laws rules are divided into imperative, optional and alternative.

Mandatory are norms that contain categorical instructions regarding the choice of law, and which cannot be changed at the discretion of the parties to a private legal relationship.

Dispositive are rules that, while establishing a general rule on the choice of law, leave the parties the opportunity to abandon it and replace it with another rule. Dispositive rules are valid only insofar as the parties have not agreed on a different rule by agreement. Dispositiveness is manifested in such formulations as “the parties may”, “unless otherwise established by agreement of the parties”, etc.

Alternative are norms that provide several rules for the choice of law for a given, i.e., specified within the scope of this norm, private legal relationship. Law enforcement authorities, as well as parties, can apply any of them (sometimes the norm establishes a certain sequence in the application of these rules). However, it is enough that the private legal relationship is valid according to one of the established rules.

In turn, alternative norms also differ from each other depending on the nature of the connection between the alternatives.

A simple alternative conflict of laws rule - in it all alternative bindings are equivalent, any of them can be applied; They are usually connected by the conjunction "or".

A complex alternative conflict of laws rule - in it, alternative bindings are subordinate to each other. In this case, a general (main) link is distinguished, which formulates the general main rule for the choice of law, intended for primary application, and a subsidiary (additional) link, which formulates one or more rules for the choice of law, closely related to the main one: it is applied when the main rule for some reason was not applied or turned out to be insufficient for choosing a competent legal order.

Law of Autonomy of Will

Autonomy of will- in the traditional understanding of international private law, an institution according to which the parties to a transaction that has a legal connection with the legal orders of various states can choose at their discretion the law that will regulate their relationships and be applied by them or by a judicial institution or other competent authorities to this transaction.

In a broader sense, autonomy of will is associated with the fundamental principles of regulation of civil legal relations and is a special case of the expression of such general principles of civil law as freedom of contract and free discretion of the parties.

In the legislation of various states, the autonomy of the will of the parties is usually recognized. However, the permissible limits of the autonomy of the will of the parties are understood differently in the laws of states. In some countries it is not limited to anything. This means that the parties, having entered into a transaction, can subject it to any legal system. In other countries, the principle of contract localization applies: the parties can freely choose the law, but only that which is related to the given transaction.

Current Russian legislation establishes the application of this principle in relation to determining the rights and obligations of the parties to the agreement (Article 1210 of the Civil Code of the Russian Federation)

Currently, there is a process of unification of the conflict of laws principle of autonomy of will, for example, the 1986 Hague Convention establishes (Article 7):

The purchase and sale agreement is governed by the law chosen by the parties;

The choice of law agreement must be express or directly implied by the terms of the contract and the conduct of the parties;

The choice of law may be limited to part of the contract;

The parties may at any time agree to subordinate the whole or part of the contract to any law other than the law previously chosen by the parties as applicable to the contract;

Any change by the parties to the applicable law that occurs after the conclusion of the contract must not prejudice the validity of the contract or the rights of third parties.

16. Law of the place where the contract (act) was made

This conflict of laws clause includes the law of the place of the transaction, i.e. the law of the country in which the transaction was concluded is used (in particular, in cases where the will of the parties to the transaction was not expressed at all).

For countries of the Roman legal system, the place of conclusion of the transaction is the place of receipt of acceptance.

For system countries common law, the place of the transaction is the place where the acceptance is sent; such legal relations are called the “mailbox theory” (or the transaction between “absentees”).

Also includes the law of the place of execution of the transaction, i.e. The law of the country in whose territory the transaction is to be executed is subject to application.

The law of the place where the legal consequences of a transaction occur is the law of the country in whose territory both legal and illegal consequences of the transaction occur.

This binding includes: the law of the place where the contract was concluded and the law of the place where the marriage was concluded (for those cases where the jurisdiction of the country qualifies marriage as a transaction).

The law of the seller’s country and the law of the buyer’s country - these links make it possible to determine the mechanism of legal regulation of relations in the field of international purchase and sale. The 1980 Vienna Convention on International Trade applies to such relations - it includes standard conditions for this agreement. This act is standard and can be used for all trade agreements. However, in such transactions, both the personal law of the seller and the personal law of the buyer can be used.

In addition, Incoterms (a set of rules with terms used in national and international trade) can be used in trade relations.

17. Law of the seller’s country. This is a general subsidiary conflict of laws link for all foreign trade transactions. The law of the seller's country is understood in a broad and narrow sense. Understanding in a narrow sense means the application to a sales contract of the law of the state on whose territory the seller’s place of residence or main place of business is located.
The law of the seller's country in a broad sense means that the law of the state in whose territory the place of residence or principal place of business of the party performing the performance crucial to the content of the contract is located. The central party in the purchase and sale agreement is the seller. A purchase and sale transaction is the main foreign trade transaction. All other foreign trade transactions are constructed according to the model of a purchase and sale agreement; accordingly, the central party in other transactions is determined by the analogy of “the seller is the central party in the purchase and sale agreement.”
It is this interpretation and application of the seller’s law that is enshrined in Art. 1211 of the Civil Code: in the absence of a choice of law by the parties to the contract, the law of the central party to the transaction is applied. In addition to the purchase and sale transaction, the central party is normally defined for 18 more types of foreign trade transactions, for example, in a pledge agreement, the central party is the law of the country of the pledgor.

18. Law of the place of performance of the contract (or agreement, or obligation ).

It is considered one of the most optimal options for regulating issues of the statute of obligations. In relation to the autonomy of the will of the parties, this conflict of law link has a generally recognized subsidiary nature.

The law of the place of performance of an obligation can be understood in a broad and narrow sense. The understanding of this conflict of law connection in a broad sense is enshrined in the legislation of Germany and Turkey (for example, in accordance with the Turkish Law on Private International Law and Procedure of 1982, the law of the place of performance of the contract is applied if the parties have not expressed autonomy of will; in case of several places of performance, it is applied the law of the place of performance of the action, which is the center of gravity of the obligation relationship; similar provisions are contained in the Introductory Law of 1986 to the GGU).

The law of the vast majority of states has adopted a narrower interpretation of the place of fulfillment of an obligation - this is the place of actual delivery of goods, documents of title, or the place of payment. This attachment formula is used to solve a whole range of issues: the procedure for delivery of goods (form of acceptance certificates, date and exact time of transfer of goods), the procedure for making payment (form and content of relevant payment documents).

Law of closest connection

The principle of close connection (Proper Law) is a novelty in the modern codification of Russian private international law (PIL). It is legally enshrined in paragraph 2 of Art. 1186 of the Civil Code of the Russian Federation, according to which if it is impossible to determine the law to be applied on the basis of international treaties of the Russian Federation, the Civil Code, other laws and customs recognized in the Russian Federation, then the law of the country with which the civil legal relationship, complicated by a foreign element, is most closely related.

The criteria for a close connection are legally defined: for contractual legal relations with a foreign element in general, they are based on the connection of the legal relationship with the law of the country where the place of residence or the main place of activity of the party that carries out the performance, which is of decisive importance for the content of the contract, is located; in relation to contractual relations related to real estate, the content of the criterion of close connection is different - the closest connection is with the law of the country where the real estate is located.

The law of the country with which the contract is most closely related is considered, unless otherwise follows from the law, the terms or essence of the contract or the totality of the circumstances of the case, the law of the country where it is located the party's place of residence or principal place of business, which carries out execution, decisive for the content of the contract.”

For example: Thus, in the case of professional business activities, the country with which the contract is most closely related will be the country of location of the main place of business of the party carrying out the specified performance.

The formula for attaching the closest connection to the law has developed in Anglo-American doctrine and practice. The criterion of closest connection is established through the theory of presumptions. The definition of this criterion has been developed over centuries of judicial practice. In modern English doctrine the principle of close connection is expressed in the theory of intention and the theory of localization. The theory of intention is as follows: the law inherent in a contract is the law the application of which was the intention of the parties. Localization theory: the law inherent in a contract is the law in which the main elements of the contract are grouped to the maximum extent.

In Art. 4 establishes criteria for close connection for certain types of contracts: N: regarding real estate (country of location of the real estate);

In domestic legislation, the formula for attaching a close connection to the law is enshrined in paragraph 2 of Art. 1186 of the Civil Code of the Russian Federation: “...The law of the country with which the civil legal relationship, complicated by a foreign element, is most closely connected” is applied.” The law of closest connection applies:

– if the applicable law cannot be determined in accordance with international treaties, customs and legislation of the Russian Federation (clause 2 of Article 1186);

if it is impossible to determine the applicable law in accordance with the law of a country in which there are several legal systems (Art. 1188);

– if the parties have not chosen the law applicable to the contract (Article 1211, Article 1213).

The concepts of “law of the closest connection”, “characteristic provision”, “law of the essence of the relationship” are “flexible” in nature. Rules containing such concepts are called “rubber” - flexible, allowing for different interpretations and wide freedom of judicial discretion. Assessing the existence of a connection between a legal relationship and the legal order of any state lies within the scope of judicial discretion. “Rubber” norms have long been characteristic of Western law, and thanks to centuries-old judicial practice, they have a certain content. In our country there is no judicial practice in the application of such norms, and at present it is extremely difficult to use them in Russian courts without additional clarifications and interpretations.

Court law

The law of the country of the forum is the binding of a unilateral conflict of laws rule, meaning the application of “local” law, the law of the state whose court is considering the case.

The conflict of laws issue is resolved in favor of the law of the state on whose territory the private law dispute is being considered. The law of the country of the forum is a widely used attachment formula in practice.

When determining the law to be applied to private legal relations related to a foreign legal order, the interpretation of legal concepts is carried out in accordance with “local” law, unless otherwise provided by law (Clause 1 of Article 1187 of the Civil Code of the Russian Federation; Article 3.1 of the Hungarian Decree) . The legislation of most states provides that if “within a reasonable time” it was not possible to establish the content of foreign law, the court decides the case on the basis of its national law: “If the judge ... was unable to establish the content of foreign law, the law selected using other similar criteria is applied ... In their absence, Italian law applies” (Article 14.2 of the Italian Private Law Reform Law).

The terminology “law of the forum” is used mainly in specialized legislation. In accordance with Art. 424 of the Code of Labor Code of the Russian Federation, the law of the state in whose court the dispute is being heard is applied to the emergence of a maritime lien on a vessel and the order of satisfaction of claims secured by such a lien. The PRC Law on Maritime Commerce (1992) provides for the application of the law of “the location of the court hearing the case.”

Most national codifications of international private law provide for the application of the law of the country of the forum as an alternative formula of attachment in bilateral conflict of law rules: for example, with regard to obligations arising from unjust enrichment, the parties can agree to apply the law of the country of the forum (Article 1223 of the Civil Code of the Russian Federation). In modern legislation, the conflict of law connection to the law of the country of the forum is of a subsidiary nature. After the commission of an action or the occurrence of another circumstance that caused harm, the parties may agree to apply the law of the country of the forum to the obligation arising as a result of the harm (Clause 3 of Article 1219 of the Civil Code of the Russian Federation; Article 132 of the Swiss International Private Law Law).

Question 22. Questions arising when applying conflict of laws rules. Qualification problem

One of the problems in resolving a dispute complicated by a foreign element is the problem of resolving a conflict of qualifications, that is, interpreting a legal norm and qualification of this norm or the actual circumstances of the case.

This conflict arises between legal concepts that underlie the conflict of laws rules of any state, which are verbally the same, but have different semantic meanings in the legal systems of different countries.

Depending on which principles of the national legal system will be applied, there are different qualifications of the circumstances of the case or the rule of law.

Methods for resolving qualification conflicts:

1) according to the law of the court;

2) according to the principles of the system of law to which the conflict of laws rule refers;

3) according to the principle of autonomous qualification.

Qualification according to the law of the court– the court, when applying a conflict of laws rule, qualifies its concept in accordance with the concept enshrined in the legislation of the relevant country;

Qualification according to the principles of the system of law to which the conflict of law rule refers. This theory has few supporters. Here the legal term is interpreted as prescribed by the legal system of the foreign state to which the domestic conflict of laws rule is referred or to which the given legal concept is known.

Qualification according to the principle of autonomous qualification– the court, when considering a dispute complicated by a foreign element, must qualify the concepts of the rule of law not “according to the law of the court,” but on the basis of general legal concepts and principles formed on the basis of a comparative legal analysis of the legislation of different countries.

In the Russian Federation, in accordance with No. 1187 of the Civil Code of the Russian Federation, a conflict of qualifications is resolved according to the principles of the law of the country of the forum. Article 1187 of the Civil Code of the Russian Federation states that when determining the law that should be applied, the interpretation of legal concepts is carried out in accordance with Russian law, unless otherwise provided by law. If, when determining such a right, the legal concepts that need to be qualified are unknown to Russian law or are known in a different verbal designation or with a different content and cannot be determined through interpretation in accordance with Russian law, then foreign law may be applied when qualifying them.

Postback problem.

Reverse reference (from the French renvoi) is a situation in which a domestic conflict of laws rule refers to foreign law, but it refuses to regulate the relationship, and, in turn, returns the resolution of problems back to the sphere of the legal system of the “referring” state (renvoi of the first degree ). A foreign legal system may refer the solution of the problem not “backwards”, but to the law of a third state (renvoi of the second degree).

Referral is characterized by a two-stage movement of the law - the initial choice of law, dictated by it and indicating the application of foreign law, which ends with the actual consideration of the case, and return reference, which is possible in two options:

a) return to the original right, i.e. two-stage choice of law;

b) a reference to the legislation of a third state and a multi-stage choice, consisting of a series of simple references, which at some stage can turn the consideration of the case to the first legal order chosen by the court.

In order to resolve the problem of reverse reference, it is necessary to clearly establish whether the conflict of laws rule refers to the legal system of the state as a whole, including its conflict of laws rules, or only to the substantive law of a foreign state. If we assume that the domestic conflict of laws rule generally refers to the law of a foreign state, then a reverse reference and a reference to the law of a third state are fundamentally possible. If the conflict of laws rule refers only to substantive law, then the situation of reverse reference is excluded.

The legislation of states deals with the problems of reverse sending in different ways, and in

Depending on the features of its solution, several groups can be distinguished:

1) countries whose laws provide for the use of return reference in full;

2) countries whose laws provide for the use of return reference in general, but stipulate its application with some fundamental condition;

3) countries whose laws provide for the application of only reverse reference to their own law;

4) countries whose laws completely reject the entire problem;

5) countries whose laws do not solve this problem at all.

Civil Code of the Russian Federation in paragraph 1 of Art. 1190 establishes: any reference to foreign law must be considered as a reference to the substantive, and not the conflict of laws, law of the relevant country. Reversion of foreign law may be accepted in cases of reference to Russian law that determines the legal status of an individual.

The acceptance of reversion is provided for by the Geneva Convention for the Settlement of Certain Conflicts of Laws Relating to Bills of Exchange and Promissory Notes, 1930. The Convention subjects the ability of a person to be bound by a bill to his national law and, if that law refers to the law of another country, to the law of that other country.

Reciprocity and retortion

In relations between states, it is necessary to strive to establish business relations and connections in the field of economics, culture, trade, etc. Our state has always strived and strives to establish such connections if other states want to cooperate with Russia. Such ties begin their development with equality, which is expressed in the mutual recognition by states of the laws that apply on their territory.

In private international law, the principle of reciprocity is understood in a broad and narrow sense. In a broad sense, this principle is the provision of a person in a foreign state with the same rights that his own state would provide him. For example, a Russian citizen went on vacation in a car to another country, in Russia he had the right of ownership of this car, therefore, in a foreign country he will also have the right of ownership of this car. In a narrower sense, reciprocity refers to the provision of a certain treatment, namely national treatment or most favored nation treatment.

Of course, there are significant differences in the legislation of different states, which makes it difficult to use reciprocity, but by introducing a reciprocity clause into an international treaty, states aim to ensure the rights of citizens and organizations abroad.

Conventionally, there are two types of reciprocity: material and formal.

Material reciprocity means that foreign individuals and legal entities are provided with the same rights that a foreign country provides to domestic individuals and legal entities.

Formal reciprocity refers to the provision of foreign individuals and legal entities with the rights enjoyed by domestic citizens and legal entities.

Since states are not always friendly, retortion borders on the principle of reciprocity.

Retorsion refers to lawful coercive actions of a state carried out in response to an unfriendly act of another state that has placed individuals and legal entities of the first state in discriminatory conditions.

In accordance with Art. 1194 of the Civil Code of the Russian Federation, the Government of the Russian Federation may establish reciprocal restrictions (retorsions) in relation to property and personal non-property rights of citizens and legal entities of those states in which there are

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Federal State Autonomous Educational Institution of Higher Professional Education "North-Eastern Federal University"

them. M.K. Ammosova"

Institute of Continuing Professional Education

Specialty "Jurisprudence"

Examination on the discipline

International private law

on the topic: “Methods of private international law”

Completed by: INPO student

II semester Grigorieva K.P.

Checked by: Nikolaeva M.T.

Yakutsk - 2012

Introduction

2. General regulation method

legal regulation conflict of laws

Introduction

Private international law has long been formed as an independent branch of law and a branch of legal science (jurisprudence), as well as an independent academic discipline. In Russia, interest in this science and discipline increased sharply in the last decade of the 20th century. The profound transformations taking place in our country, associated with the formation of an open democratic society and the rule of law, economic reforms that also covered foreign economic activity, have opened up new opportunities for Russian citizens and legal entities to participate in a variety of international relations of a private law nature. All this was of fundamental importance for private international law, for increasing its role both within the country and in ensuring Russia’s equal participation in world economic relations.

The increased importance of private international law for the world community is emphasized in UN policy documents. The report of the UN Secretary-General, prepared pursuant to a decision of the Security Council, stated that in a world “where people increasingly interact across national borders, it is especially important that there are procedures and sets of rules governing private law relations of an international nature.” And it was further emphasized that the improvement of private international law “is not only useful in facilitating trade, but also makes a great contribution to the formation of peaceful and sustainable relations.”

When defining the subject of private law, domestic and foreign researchers agree on emphasizing the civil law, or more precisely, private law in general, nature of the social relations regulated by it. Thus, M. Issad (Algeria), comparing PIL and international public law as the law governing relations between states, indicates that “the rules of international law that are addressed to private individuals, individuals or legal entities, are united under the name of private international law.” The Japanese author Egawa Hidefumi also states as his main thesis that private international law regulates “various relations of a private law nature and forms a separate set of norms.”

As follows from the provisions general theory law, the question of the method of regulation following the object of regulation, principles and norms is the cornerstone for any system of norms that claims to exist as a separate branch or system of law. It is also key for private international law.

Based on the characteristics of the object of regulation in private international law, the question of the methods of regulation inherent in this extraordinary system of norms is decided accordingly. Indeed, the specificity of social relations subject to regulation cannot but determine the peculiarities of what is called the set of methods and means of influencing the regulated object. As is known, it is from such positions of the “theory of influence” that the method of regulation is determined in the science of law.

1. The problem of the regulation method in modern domestic science

In the legal literature, the problem of regulatory methods in private international law itself has not caused significant difficulties to be solved, although there is a certain basis for controversy. The conflict of laws method of regulation has at all times been qualified as the fundamental method of private international law. However, at different stages of development of private law, its role in influencing the regulated object was not constant. After the Second World War, the issue of unified rules of a substantive nature contained in international treaties received exceptional coverage, and, accordingly, led to the formulation of the problem of another method of regulation in international private law - substantive law. A positive answer to the question about their inclusion in the international private partnership meant a natural agreement with their participation in the regulation of the norms of relations falling under the scope of this system. The only logical conclusion from the above could only be the recognition of the existence of a second method of regulation - substantive and legal, secured by material norms of direct action, unified international agreements.

It should be emphasized that in this case, when talking about methods of regulation in international private law, it is understood that the subject of consideration are special ones, i.e. such methods of regulation that characterize a given set of legal norms from the standpoint of something special, namely, emphasizing its specificity. At the same time, since we are talking about relations of a civil law nature, one cannot in any way deny the effects of those regulatory methods that are used in civil law and other civil law branches. It is natural that the analyzed relations are characterized by discretion, freedom of contractual relations, discretion of the parties, equality of partners, etc., which are characteristic of the legal regulation of civil and trade relations in general. These qualities of regulatory influence are inherent in the entire set of methods and means used for the proper regulation of relations of this type. Because of this, one can also keep in mind the general method of regulating relations of a civil nature, used in private law, which, nevertheless, is not decisive in terms of isolating its norms into any independent systemic set.

2. General regulation method

The last category of the specified rules of private law, mediating the substantive method of regulation, is even identified by some researchers as a separate method: “The named rules regulate civil law relations with a foreign element and should be classified as private international law. Such rules, in terms of the mechanism for their implementation and the procedure for application, differ significantly from both the unified rules of an international treaty and conflict of law rules, which may contain references to both domestic and foreign law. Therefore, rules of direct action are a special, third method of regulating civil law relations with a foreign element, along with conflict of laws and unified substantive rules.”

3. Conflict of laws method of regulation

Within certain branches of domestic law one has to deal with relatively simple situations. From among the norms of national law to be applied, it is necessary to select one provision that is most appropriate in each individual case. Things are different in situations where the relationship is characterized by a manifestation of a legal connection with two or more legal orders.

As a result, the latter can equally claim to regulate this social relationship. At the same time, the main circumstance should be emphasized: in the content of the regulations existing within the framework of the relevant systems of law, there are such significant differences that the legal consequences of applying one or another legal order to a relationship can be polar opposite.

The essence of the conflict of laws method of regulation is the application of the legal order of a particular state to a specific legal relationship complicated by a foreign element.

When using this method, there are two stages:

1. The choice of the legal order of a particular state using a conflict of laws rule. The law enforcer answers the question: the law of which state should be used in this case?

2. Application of the substantive rules of law of the state that was elected at the first stage. It is these norms that carry out the legal regulation of relations with a foreign element, since through them the rights and obligations of its participants are determined.

For the above example, the use of the collision method will be as follows. First, an appeal to the conflict of laws rule of Russia: clause 2 of Art. 156 of the RF IC: The conditions for concluding a marriage on the territory of the Russian Federation are determined for each of the persons entering into marriage by the legislation of the state of which the person is a citizen at the time of marriage, in compliance with the requirements of Article 14 of this Code in relation to circumstances impeding the conclusion of marriage.

Then - to the substantive norm of Portuguese legislation, after analyzing which we conclude that the bride can get married, but only with the consent of her parents. And to the substantive norms of Russian law - clause 1 of Art. 12 and paragraph 1 of Art. 13 of the RF IC, after analyzing which we conclude that the groom cannot yet get married.

The conflict of laws method of regulation is carried out in two forms: national legal, when national conflict of laws rules are applied, and international legal, when unified conflict of laws rules formulated in international treaties are applied. An example of the first form is the considered clause 2 of Art. 156 of the RF IC, and the second - Art. 26 of the CIS Convention on Legal Assistance and Legal Relations in Civil, Family and Criminal Cases of January 22, 199318: The conditions for marriage are determined for each of the future spouses by the legislation of the Contracting Party of which he is a citizen, and for stateless persons - by the legislation of the Contracting Party The party that is their permanent place of residence. In addition, with regard to obstacles to marriage, the requirements of the legislation of the Contracting Party in whose territory the marriage takes place must be met.

Minsk Convention on legal assistance and legal relations in civil, family and criminal matters of 01/22/1993

4. Substantive and legal method of regulation

A. Unification of national civil law norms. Over time, more precisely with the development of interstate spheres of production and circulation, the complication of social relations lying in the sphere of international economic and civil circulation, which entailed the expansion of international exchanges, the conflict of laws method increasingly began to show some of its imperfections and ceased to meet the needs of international life . This is due, firstly, to the “multi-stage” nature of regulation, which consists in the fact that first the conflict of laws rule indicates the applicable legal order, and then, within its framework, a search is made for the substantive rule that ensures the regulation of this relationship in the true sense, i.e. helps to answer the required question in essence. Secondly, the effect of a conflict of laws rule is often associated with certain negative phenomena that make it difficult to find the “final” one, i.e. material norms, such as, say, “hidden conflicts”, “conflicts of conflicts”, “negative and positive conflicts”, the need to resolve preliminary conflict issues, the impossibility of applying foreign law due to mandatory requirements of the national legal order, as well as public order clauses and etc.

All this led to the fact that states began to look for other means and possibilities for resolving civil relations that arise in international circulation. A similar instrument is an international treaty containing uniform norms of (material) rules of behavior suitable for resolving certain issues that are significant for the given countries participating in the agreement. The most common is the development of international legal treaties that unify the substantive regulations of various states in international trade and areas serving it (sea, air, road and rail transportation), and intellectual property.

The desire to create substantive legal norms in these areas by agreeing on the necessary rules in an international treaty for the purpose of regulating private law relations of an international nature was the result of the need to overcome the objective contradiction between essentially national forms of regulation and the international nature of relations in their content. It was in this very broad and diversified area that the subjective view of the court, judicial discretion, against the backdrop of the lack in most cases of adequate knowledge of foreign law, dictated the expediency of mutually agreed upon legal decisions that became common to many states.

At the same time, it would be wrong to present this as a “crisis of private international law.” In this regard, some authors speak of “a crisis of national law”, making the reservation, however, that we are not talking about a “crisis of conflict of laws”. “This is the reaction of partners in international trade relations,” writes the Algerian researcher M. Issad, following the French specialists I. Lussoirne and J. Bredin, “who seek to replace domestic law, which is poorly suited for regulation international trade, international standards." Thus, the norms unified by an international treaty are one of the tools for ensuring the functioning of the substantive legal method of regulation in private international law.

B. Substantive regulation through national legal norms of direct effect. The attribution of domestic substantive rules to private international law causes a mixed reaction among international private law researchers. Accordingly, the regulatory framework for the substantive legal method can be either narrowed or expanded, depending on the view of experts on this issue. It seems advisable to limit ourselves to a general remark that for some groups of relations, namely those that are international in nature, such norms in the legal order of the respective states are often the only available means of regulation. Let's take, for example, Resolution of the USSR State Committee for Labor No. 365 of December 25, 1974 “On approval of rules on working conditions for Soviet workers abroad” (as amended by Resolution of the Ministry of Labor of the Russian Federation of August 20, 1992 No. 12). This act establishes the amount of remuneration for workers performing their labor duties abroad, as well as freelance workers hired locally to USSR institutions abroad from among family members of Soviet workers, time of work and rest, compensation for expenses for moving and carrying luggage, etc. etc., conditions and standards for providing living space, etc. It is quite obvious that such norms cannot be considered norms of Russian labor law, since the latter regulates labor relations themselves, and in this case the rules in question go beyond its scope and represent a regulator of relations of a different nature. Similar examples can be cited in large numbers from the field of current legislation of foreign countries.

Thus, the Mongolian Law on the Legal Status of Foreign Citizens of December 24, 1993 stipulates that immigrants wishing to establish a business in the manufacturing or service sector of Mongolia must obtain all necessary permits and approvals in accordance with the legislation of Mongolia and a license from the central executive body of Mongolia, responsible for labor relations (Article 11). In this regard, it is worth noting that the regulation in question is contained in a special act dedicated to the status of foreigners, while in this country there is also a code of labor laws that could accommodate such norms, if we do not take into account, first of all, the special object of regulation . The Mongolian Foreign Investment Law of July 1, 1993 provides: unless otherwise provided by an international treaty to which Mongolia is a party, the amount of compensation for expropriation in the public interest of the invested funds of a foreign investor will be determined by the size of the expropriated assets at the time of expropriation (Article 8). Similarly, the Commercial Code of Vietnam contains a direct rule that is subject to direct application in necessary cases: “A contract for the sale of goods with a foreign merchant is an agreement concluded between a Vietnamese merchant, on the one hand, and a foreign merchant, on the other” (Article 81 ). Another example: the Liechtenstein Law of 1996 “On Amendments to the Regulations on Persons and Companies”, which established a new version of the act of January 2, 1926, in special provisions stipulates that a foreign association, when transferred from abroad to Liechtenstein, “must before entering prove to the register that the fixed capital declared in the constituent documents as fully paid at the time of transfer of the merger is covered” (Article 233).

Conclusion

Thus, in private international law, the main methods are the general method of regulation, the conflict of law method of regulation and the substantive method of regulation.

The general method is mediated by two methods - conflict of laws, carried out in two legal forms- national and international, and substantive and legal, carried out in an international form. The authors of the last of those mentioned do not include national legal norms of “direct action” in the composition of the international private law, despite the fact that in general both in both works fully emphasize the specificity of the object of private private law - those social relations that it is intended to regulate.

The conflict of laws method of regulation has at all times been qualified as the fundamental method of private international law. However, at different stages of development of private law, its role in influencing the regulated object was not constant.

The advantages of using the substantive method are as follows:

firstly, its use creates much greater certainty for the participants in the relevant relations, since both them and the bodies that will apply them (for example, in the event of disputes) always know the substantive rules in advance; secondly, when applying this method, uniform regulation is created, the unilateral approach inherent in the conflict of laws method is eliminated, when in a number of cases the conflict of laws rule is established by any one state.

The unification of national civil law norms (substantive legal method of regulation) and substantive legal regulation through national legal norms of direct action have developed over time due to some imperfections of the above methods of regulation in private international law. For example, the instrument of this method is an international treaty containing uniform norms of (material) rules of behavior suitable for resolving certain issues that are significant for the given countries participating in the agreement. The most common is the development of international legal treaties that unify the substantive regulations of various states in international trade and areas serving it (sea, air, road and rail transportation), and intellectual property.

Of particular importance for Russia is the problem of unifying the law of the CIS member states, which goes far beyond the scope of private international law. Its solution is facilitated by the development of model codes and model laws, carried out within the framework of the Interparliamentary Assembly of the CIS Member States, and above all the Model Civil Code, which was adopted by this assembly as a recommendatory legislative act for the CIS countries on May 13, 1995. The adoption of acts of this kind contributes the creation of a single legal space, and thereby can reduce the severity of the problem of choice of law.

It should also be noted that in international practice there has been an increasing tendency for the parties to choose, based on the principle of autonomy of the will of the parties, not any specific legal system (the norms of national law, which often do not take into account the specifics of international trade transactions), but references to “generally accepted principles and norms of law "or to the "law of international trade" (the autonomy of the will of the parties is understood as the ability for the parties to establish at their own discretion the content of the contract, its terms. Quite often in practice, a reference to the so-called lex mercatoria is used. This term in modern conditions, as noted in the literature , denotes a concept that reflects the tendency towards the formation of an autonomous system of legal norms, containing norms provided for in international conventions, trade customs, and widely recognized legal principles intended to regulate international trade turnover.

List of used literature

Regulations:

Civil Code of the Russian Federation (last edition dated May 1, 2011) (Internet source www.grazkodeks.ru/)

Family Code of the Russian Federation (as of April 1, 2009). - Novosibirsk: Sib. Univ. publishing house, 2009. - 63 p.

Liechtenstein Law on International Private Law of 1996 “On Amendments to the Regulation on Persons and Companies”, which established a new version of the act of January 2, 1926 - (Internet source www.pravo.hse.ru/intprilaw/doc/042801/).

Minsk Convention on legal assistance and legal relations in civil, family and criminal matters of January 22, 1993 (Internet source www.usynovite.ru/documents/international/konvencia_minsk/).

Resolution of the USSR State Committee for Labor No. 365 of December 25, 1974 “On approval of rules on working conditions for Soviet workers abroad” (as amended by Resolution of the Ministry of Labor of the Russian Federation of August 20, 1992 No. 12) (Internet source www.consultant.ru/cons/cgi/online/cgi).

Basic and educational literature

Anufrieva L.P. International private law: In 3 volumes - volume 1. General part: Textbook. - M.: Publishing house BEK, 2002. - 288 p.

Boguslavsky M.M. International private law. - M.: Yurist, 2005. - 604 p.

Issad M. International private law // Private international law in Russia (Internet source www.privintlaw.ru/29.html/).

Kamenetskaya M.S. International private law. - M.: Yurist, 2007. - 503 p.

Lebedev S.N. Selected works. - Comp. Muranov A.I. - M.: Statute, 2009. - 717 p.

Sukharev A.Ya. Encyclopedic Dictionary of Constitutional Law. - M.: Norma, 2003. - 688 p.

Egawa Hidefumi. Private International Tokyo, 1990. P. 1.

Report of the Secretary General “An Agenda for Development”. A/48/435. 1994. 6 May. P. 183, 184.

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