The place of conflict of laws rules of private international law in the system of Russian law

• Литвинова Светлана Федоровна

  Svetlana F. Litvinova. Vladivostok State University. Vladivostok. Russia

Abstract. In the Russian doctrine of private international law (MCHP), disputes about its place in the legal system, the subject, methods of legal regulation, forms of external expression of legal norms, the place of conflict -of -laws norms in the system of normative legal prescriptions, etc. do not subside. It seems that disputes arise on the basis of a methodologically incorrect definition of the nature of conflict- of -laws norms, which constitute the main element of the MCHP. The purpose of the article is to determine the industry affiliation of such conflict- of- laws norms and their place in the system of regulatory legal prescriptions based on the author's interpretation of their nature. The research was conducted using general scientific, private scientific, including special legal methods. The nature was determined on the basis of the establishment of sufficient conditions, the causes of the conflict of laws norms of the Ministry of Emergency Situations. The nature of conflict- of- laws rules was determined by their interaction with such phenomenon as sovereignty. The emergence and establishment of the concept of "state sovereignty" and the affirmation of the principle of sovereign equality of States in international relations are trigger conditions for the emergence of intra-State conflict of laws norms of the Ministry of Emergency Situations. They, in turn, are an instrument of voluntary restriction of the sovereign right of a State to regulate public relations on its territory in favor of foreign law, thereby resolving conflicts of law between different states. Based on this understanding of the nature of conflict-of-laws rules, it is concluded that the conflict-of-laws rules of the Ministry of Emergency Situations are a part of domestic, public, and constitutional law. When determining the place of conflict- of- laws rules in the system of legal norms, it is concluded that they are an independent type of atypical legal regulations. The author's approach claims to form a new theory of the Ministry of Emergency Situations, which, of course, will affect law enforcement practice, in particular, the application of a public policy clause, acceptance of a backlink, recognition of decisions of foreign courts and arbitrations, etc.
Keywords: the nature of the legal phenomenon; the nature of conflict-of-laws rules of private international law; the place of conflict-of-laws rules in the system of legal norms; the constitutional and legal nature of conflict-of-laws rules of private international law; the mutual influence of sovereignty and conflict-of-laws rules of private international law.