The Problems of Applying the Norms of Private International Law in the New Economic Realities
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The Problems of Applying the Norms of Private International Law in the New Economic Realities
Annotation
PII
S1605-65900000622-5-1
Publication type
Article
Status
Published
Authors
Vladimir Koval 
Occupation: Professor at the Department of Civil Law and Process, Director of the Law Institute
Affiliation: Sevastopol State University
Address: Sevastopol, Russia
Edition
Pages
77-88
Abstract

Current economic conditions are characterized by significant specifics that directly affect the substantive and procedural aspects of the consideration and resolution by courts of private law disputes with a foreign element. At the same time, the key issue facing the court is the problem of establishing the applicable law in the context of using the conflict of laws method of regulating international private law.

The article is devoted to determining the content and optimal ways to solve some current problems of applying the norms of private international law, taking into account modern processes occurring in the economic sphere of international relations at the regional and universal levels of interaction between subjects of legal relations.

To identify the essence and possible ways to solve the problems of applying the norms of private international law in current economic conditions, a formal legal analysis of the current Russian legislation containing the norms of private international law, state judicial and arbitration practice in specific cases, its generalizations and relevant recommendations made by decisions were used Plenum of the Supreme Court of the Russian Federation and rulings of the Supreme Arbitration Court of the Russian Federation, as well as the practice of international commercial arbitration.

The features of the place and role of state (civil and arbitration) proceedings and international commercial arbitration in ensuring private law interests in cases with a foreign element are analyzed, and the features of the consideration and resolution of disputes within the realm of private international law are outlined. The author’s conclusions and recommendations are proposed, aimed at formulating a reasoned view of modern trends in the application of private law norms in specific economic conditions.

Keywords
private international law, international commercial arbitration, civil litigation, autonomy of will, private law interests, conflict bindings, foreign element, foreign economic activity, economic relations, application of the rule of law
Date of publication
12.04.2024
Number of purchasers
2
Views
73
Readers community rating
0.0 (0 votes)
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References



Additional sources and materials

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2. Zykin I. S. Development of Private International Law in the Light of the Adoption of Part Three of the Civil Code of the Russian Federation. State and Law, 2002, no. 12, pp. 55— 61. (In Russ.) 
3. Klyuchko V. N. Anglo-American Model of the Corporate Governance: Special Feature and the Prospect. Management in Russia and Abroad, 2009, no. 6, pp. 122—135. (In Russ.) 
4. Kondrateva E. M. Freedom of Sontract and “Autonomy of the Will of the Parties” as a Guarantee of the Implementation of the Constitutional Rights of Russian Participants in Foreign Economic Activity in Private International Law. Vestnik Nizhegorodskogo universiteta imeni N. I. Lobachevskogo. Seriya: Pravo, 2003, iss. 1, pp. 33—44. (In Russ.) 
5. Makovskiy A. L. Codification of Civil Law and Development of Domestic International Private Law. In: Medvedev D. A. (ed.). Codification of Russian Law. Moscow, 2008. (In Russ.) 
6. Novikova T. V. The Principle of Autonomy of Will in International Private Law. Moscow, 2021. 233 p. (In Russ.)

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