Foreign trade entrepreneurial activity in modern Russian case law
In the era of globalization, international trade relations are an integral part of the economy of majority of the countries, including the Russian Federation. Increase of the role of entrepreneurship in the sphere of foreign trade entails escalated disputes. This article reviews the theoretical aspects of law enforcement practice on the disputes associated with foreign trade entrepreneurial activity. Analysis is conducted on legal regulation of foreign trade entrepreneurial activity, as well as Russian case law in the corresponding sphere, namely disputes considered in arbitration court, and theoretical research on the matter. Methodological framework is comprised of the general scientific and private scientific methods of cognition (dialectical, analysis and synthesis, induction and deduction, comparative-legal, and historical-legal). The author concludes on the lack of uniformity in the approaches used by arbitration courts towards determining the law applicable to transboundary agreements. The creation of uniform case law on the controversial issues requires taking into account the existing law enforcement practice, as well as unifying them based on accumulated experience. For example, in the Russian Federation this process could be facilitated through corresponding clarifications on the level of resolution of the Plenum of the Supreme Court of the Russian Federation with explanations on the key contentious issues pertaining to the disputes in foreign trade entrepreneurial activity. The presented materials can be used in further consideration of disputes in the sphere of foreign trade entrepreneurship, as well as in providing explanations of law enforcement practice.