The Territorial Approach to the Content of the Closest Connection Principle

2021 ◽  
pp. 251-260
Author(s):  
Tatiana V. Novikova ◽  
Keyword(s):  
International Law ◽  
Russian Federation ◽  
Private International Law ◽  
The European Union ◽  
Law System ◽  
The Supreme Court ◽  
Independent States ◽  
The Russian Federation ◽  
Territorial Approach

The main aim of the research is to substantiate the predominant role of the territorial approach to the content of the closest connection principle. The research is conducted in three steps. Firstly, the title “territorial” (instead of “conflict of laws”) approach is defended. Secondly, the objective test of the closest and most real connection defined by the Bonython formula, which was elaborated in English case law, is analysed. Thirdly, the norms of the private international law of the Russian Federation, other states members of the Commonwealth of Independent States, and the European Union reflecting the closest connection principle are also analysed. As a result of the research, the following conclusions are formulated. Firstly, the closest connection principle is based on the territorial approach and absolutely cannot function without it. At the same time, material law factors (including weaker party protection, lex validatis, etc.) supplement the territorial approach being able to tip the scale in favour of one of the territorially connected legal orders. On this basis, the author proposes to consider the closest connection principle in narrow (territorial) and broad (territorial, supplemented by material law factors) senses instead of various approaches to its content. Secondly, the territorial approach to the content of the closest connection principle is based on search for contacts with a state (country), whereas the territorial approach enrichment with overriding material law factors, caused by the general trend of private international law materialization, is aimed at the analysis of one or another law’s preferences and consequently at the revelation of links with law (system of law). Nevertheless, the analysis of norms of private international law allows concluding that, when prescribing the closest connection principle, the legislator does not make a distinction between terms “country” and “law”, and therefore one should not overemphasise these terms in attempts to understand the content of the principle. Thirdly, modern private international law acknowledges the closest connection principle in broad sense as territorial localization supplemented by material law factors, which is indicated in particular by para. 6 of the Supreme Court of the Russian Federation Regulation “On the Application of Norms of Private International Law by the Courts of the Russian Federation”. What is specifically important, the necessity to add material law considerations and their legal weight should be evaluated by the court on the basis of analysing the substance of the existing legal relations between the parties as well as the aggregate of other circumstances of the case.

scholarly journals Legal substantiation of retaliatory measures of the Russian Federation to economic sanctions of the United States, European Union, and their allies

2020 ◽  
pp. 24-37
Author(s):  
Larisa Yur'evna Dobrynina ◽  
Anna Viktorovna Gubareva
Keyword(s):  
United States ◽  
European Union ◽  
International Law ◽  
Russian Federation ◽  
Economic Activity ◽  
Economic Sanctions ◽  
The United States ◽  
Legal Regulation ◽  
Private International Law ◽  
The Russian Federation

The authors examine the economic sanctions introduced nu the U.S., EU and their allies against the Russian Federation, as well as the legal mechanism of retaliatory measures taken by Russia on the nationwide scale. The changes in the international legal regulation derailed the vector of global development, which was bringing real freedom of economic activity. Establishment of the sanction regime by the aforementioned parties signifies a struggle for own influence, weakening of the positive trade and economic ties, as well as an attempt to institute a regime of protectionism within the international trade turnover exclusively for their own benefit. Based on the analysis of the normative-legal documents, an assessment is made on the legal legitimacy of the introduced discriminatory measures of the allies from the perspective of the norms of international law. This article presents the analysis of the positions of federal laws and other legislative bills of the Russian Federation, establishing gradual constraining countermeasures for foreign subjects in various spheres of activity. The authors substantiate the fact that introduction of retaliatory economic sanctions by the Russian Federation with regards to the United States, European Union, and their allies is directly related to the implementation of the principle of reciprocity, currently existing within private international law. It is noted that all these actions on protection from illegitimate sanctions are realized by Russia practically without participation of UN, WTO and other reputable international organizations in regulation of the “sanctions” issue. The extraterritorial measures introduced by the United States and the European Union justifies the movement of Russian into a new stage of evolution of legal regulation of the foreign economic activity, and in foreign trade – establishment of new markets in Asia, Africa and Latin America.

scholarly journals World Russian People’s Council and Interreligious Council of Russia: New Formats of Interreligious and Interethnic Dialogue in Post-Soviet Russia at Turn of 20th — 21st Centuries

2021 ◽  
pp. 355-370
Author(s):  
Yu. Yu. Ierusalimskiy ◽  
A. B. Rudakov
Keyword(s):  
Russian Federation ◽  
Interfaith Dialogue ◽  
Russian Orthodox ◽  
Russian Orthodox Church ◽  
Traditional Religions ◽  
The World ◽  
Independent States ◽  
The Russian Federation ◽  
Soviet Russia

The article is devoted to the study of the role of the World Russian People’s Council and the Interreligious Council of Russia in establishing interfaith dialogue in post-Soviet Russia. The speeches of delegates at council meetings and sessions of the World Russian People’s Council are analyzed. The importance of interfaith dialogue at the site of the World Russian People’s Council was confirmed by the participation of the highest clergy and clergy of different confessions of the Russian Federation and the Commonwealth of Independent States at the cathedral meeting “Russia: the path to salvation” (1998). The importance of the agreement on the establishment of the Interreligious Council of Russia (1998) for the representation in it of the “traditional religions” of the Russian Federation: Orthodoxy, Islam, Buddhism and Judaism is noted. The assessments of publicists and researchers in relation to the Interreligious Council of Russia, including critical ones, are given. It is noted that the interaction of the Russian Orthodox Church with representatives of other confessions continued at the 5th and 6th World Russian People’s Councils in 1999 and 2001. The conclusions indicate that the activities of the World Russian People’s Council and the Interreligious Council of Russia at the turn of the XX—XXI centuries showed the importance of cooperation and respectful relations between representatives of Orthodoxy, Islam, Buddhism, Judaism and other confessions.

scholarly journals The Impact of Brainerd Currie’s Governmental Interest on the Principle of the Closest Connection

Lex Russica ◽  
2020 ◽  
pp. 9-19
Author(s):  
Т. V. Novikova
Keyword(s):  
International Law ◽  
Russian Federation ◽  
Matter Field ◽  
Regulation Mechanism ◽  
Private International Law ◽  
The Russian Federation ◽  
Substantive Law ◽  
The Impact ◽  
Law Regulation ◽  
Conflict Of Law

In modern private international law, the principle of the closest connection involves not only the identification of the prevailing territorial connection, but also the consideration of substantive factors (protection of a weaker party, preferability to keep the transaction valid, etc.). The paper substantiates the thesis that, being initially based on the territorial localization of the relationship, the analyzed principle in the course of its development was enhanced with the achievements of others doctrinal approaches to the resolution of the conflict-of-law issue, including the concept of “governmental” or “state” interest developed by American legal scholar Brainerd Currie. A genius breakthrough suggested by B. Currie is examined as an attempt to overcome the mechanical approach of conflict-of-law rules, expand the subject matter field of assessment at the stage of resolving the conflict-o-law issue and, ultimately, evaluate the substantive law result of this decision within the framework of understanding law as a tool for the protection of an individual by the state. Nevertheless, substantive law factors, contrary to one of the main tenets of B. Currie’s teaching, do not replace traditional conflict-of-laws rules at all. To the extent that the conflict-of-law regulation mechanism balances predictability and flexibility of decisions, it complements the search for territorial connection with substantive law considerations. The research makes it possible to conclude that the principle of the closest connection in private international law of the Russian Federation, in the context of global trends in the development of approaches to the resolution of conflict-of-law issues, is complex in nature, as indicated by the explanation of the Plenum of the Supreme Court of the Russian Federation that “when determining the closest connection, the court,” first, establishes ”the prevailing territorial connection” and, second, “may take into account the application of the law of which country will best realize the universally recognized principles of civil law and of its institutions.” As a consequence, it is the combination of territorial and substantive law components in the content of the principle of the closest connection that provides an appropriate balance between predictability and flexibility of the modern mechanism of conflict-of-law regulation.

COLLODIZING LINKS IN PRIVATE INTERNATIONAL LAW

2021 ◽  
pp. 19-21
Author(s):  
Н.Д. Эриашвили ◽  
Г.М. Сарбаев ◽  
В.И. Федулов
Keyword(s):  
International Law ◽  
Present Article ◽  
Russian Federation ◽  
Legal Regulation ◽  
Private International Law ◽  
International Treaties ◽  
Public Interests ◽  
National Legislation ◽  
The Public ◽  
The Russian Federation

В представленной статье рассмотрены проблемы коллодирующих привязок в международном частном праве и особенности их правовой регламентации в законодательстве Российской Федерации. Автором проанализированы особенности нормативного закрепления данного типа привязок в системе международных договоров, а также механизм имплементации этих норм в национальном законодательстве различных государств. На основе сложившейся практики применения коллодирующих привязок национальными органами государственной власти обоснована необходимость учета публичных интересов государства в данных правоотношениях. The present article examines the problems of collodizing links in private international law and the peculiarities of their legal regulation in the legislation of the Russian Federation. The author analyzed the peculiarities of this type of binding in the system of international treaties, as well as the mechanism for implementing these norms in the national legislation of various states. On the basis of the established practice of applying collodial links by national authorities, the need to take into account the public interests of the State in these legal relations is justified.

Problems of ECHR Decisions Implementation into Domestic Law

2015 ◽  
Vol 3 (6) ◽  
pp. 0-0
Author(s):  
Татьяна Шуберт ◽  
Tatyana Shubert
Keyword(s):  
Russian Federation ◽  
Systematic Approach ◽  
Legal Regulation ◽  
European Court ◽  
Legal Nature ◽  
The Supreme Court ◽  
The Russian Federation ◽  
The Government ◽  
Domestic Law

The article examines the ECHR legal nature and types of its decisions, analyzes the activities of the Government of the Russian Federation and the RF Ministry of Justice on the implementation of the European Court of Human Rights’ judgments. The author notes the role of the Plenum of the Supreme Court of the Russian Federation in ensuring uniform application of the Convention and Protocols thereto, ratified by the Russian Federation, by the courts of general jurisdiction. The author analyzes reasons for slow and incomplete implementation of the ECHR decisions, and comes up with the measures for their implementation. The article discusses peculiarities of the execution of the ECHR judgments in the Russian Federation: mechanistic execution of the decisions, lack of a systematic approach to the legislation analysis, absence of identification of causes for non-compliance of the regulations with the Convention on Rights of Man and Citizen, lack of coordination between bodies executing the ECHR decisions, inadequate budgetary procedures and lack of funds. The author proposes to analyze structural and general deficiencies in the national law and practice with regard to the ECHR decisions; provides recommendations to improve the mechanism for the judicial decisions’ implementation; determines lines of development for legal regulation of relations in the field of ECHR judgments’ implementation in the Russian legislation.

Legal Regulation of Adjudication in Civil Code of the Russian Federation (Issues of Conflict Rules)

2015 ◽  
Vol 3 (5) ◽  
pp. 0-0
Author(s):  
Татьяна Лазарева ◽  
Tatyana Lazaryeva
Keyword(s):  
International Law ◽  
Russian Federation ◽  
Legal Regulation ◽  
Civil Code ◽  
Private International Law ◽  
Conflict Of Laws ◽  
The Russian Federation ◽  
The Law ◽  
Contractual Obligations ◽  
Rome I

The article deals with conflict of laws regulation of transfer of creditor’s rights to another person (assignment of claims (cessions) and transfer of rights under the law) in terms of amendments to Part III of the Civil Code of the Russian Federation. The author notes that though amendments to the separate article on cession are not fundamental, the amendments of other articles of the Civil Code of the Russian Federation, concerning contractual obligations, do influence regulation of relations between the parties in assignment. The article pays special attention to the new conflict of law rule regulating the transfer of the creditor’s rights under the law. Relevant court practice is analyzed. On the basis of comparing legislations of specific countries, as well as norms of EC No. 593/2008 (‘‘Rome I’’) Regulation and EC No. 864/2007 (‘‘Rome II’’) Regulation the author draws the conclusion that despite some differences in conflict of laws regulation of the transfer of the creditor’s rights, in general the Russian rules comply with modern trends in private international law in the majority of European countries.

scholarly journals Recodification and private international law: to the issue of principles

2020 ◽  
pp. 440-444
Author(s):  
Ernest Gramatskiy
Keyword(s):  
International Law ◽  
Deep Understanding ◽  
Private Law ◽  
Private International Law ◽  
The European Union ◽  
Legal Certainty ◽  
Association Agreement ◽  
Law System ◽  
Clear Vision ◽  
The Subject

Nowadays the processes of democratization, liberalization, integration of Ukraine into European and world space take place. Theundisputed significance for these processes is the signing of the Association Agreement between Ukraine and the European Union. Thus, the rapprochement of Ukraine with the European community, which has taken place in recent years, affects the sphere of private law relations,which are complicated by a foreign element – the legal relations that make up the subject matter of international private law.Having analyzed current doctrine of international private law, the author can conclude that nowadays researchers are paying moreattention to a deep understanding and study of the general provisions of this branch of law rather than to analysis of individual sub-sectorsand institutes of private international law.Nowadays recodification of civil legislation is taking place in Ukraine. The main reason for the recodification of civil legislationis to increase legal certainty as a component of the rule of law. Legal certainty demonstrates an ability of legislation to satisfy the needsof the subjects of law in the respective benefits.At the same time some specific issues related to the recodification of civil legislation and its link with private international lawhave not been the subject to scientific research. In our opinion, these issues deserve special attention, as they make it possible to analyzenot only the current state of private international relations, but also to forecast the prospects and changes in the field of private international law. One aspect that is worth to be discussed is the consolidation of the private international law system of principles.The analysis of scientific points of private international law doctrine representatives gives grounds to conclude that there is currentlyno universal approach to understanding the system of principles of private international law. Neither private international lawlegislation, nor scientific approaches give clear vision of the system of principles of private international law.It is crucial to stress that recodification of civil legislation in Ukraine has its direct impact on private international law systemand its mechanism of legal regulations.

Scientific Novelty in the Dissertation by E.V. Krotova

2020 ◽  
Vol 17 (4) ◽  
pp. 107-110
Author(s):  
Elena L. Nevzgodina ◽  
Natalia A. Temnikova
Keyword(s):  
International Law ◽  
Russian Federation ◽  
Family Law ◽  
Civil Law ◽  
Practical Significance ◽  
Private International Law ◽  
Business Law ◽  
Actual Problem ◽  
Academic Degree ◽  
The Russian Federation

Introduction. E. V. Krotova prepared a dissertation research “Subsidiary Liability in Russian Civil Law” submitted for the degree of candidate of legal sciences in the specialty 12.00.03 “Civil law; business law; family law; private international law”. The work is devoted to an actual problem in civil law: the concept, legal nature, types of subsidiary liability based on the analysis of modern, constantly changing legislation. Results. The dissertation contains a solution to a problem that is important for the development of civil law science. The design of the dissertation meets the requirements established by the Ministry of education and science of the Russian Federation. The dissertation is an actual independent scientific research, which has a complete form, is based on a sufficient empirical base, the conclusions and proposals contained in it have scientific novelty and practical significance. The content of the abstract corresponds to the content of the dissertation text. The dissertation and abstract meet the requirements of the Regulations “On awarding academic degrees”, approved by the Decree of the Government of the Russian Federation No. 842 of September 24, 2013. The author of the dissertation under analysis deserves the award of the required academic degree of candidate of legal sciences in the specialty 12.00.03 “Civil law; business law; family law; private international law”.

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