The modern system of Russian law includes a large number of different industries, the main task of which is the regulation of various kinds of legal relations arising and operating in society. Among these industries is also private international law (MPE), the features of which, as well as what place MPPs in the legal system will be discussed in this article.
The concept and subject of MPP
So, private international law is a conglomerate of legal norms of a material and conflict character, both national and international, with the help of which there is regulation of various civil law relations in which the foreign element is directly involved.
As a direct subject, which is involved in the system of private emergency, are private-law relationships complicated by one or another element having a foreign etiology, which can be expressed in such forms as:
- the presence on the party of the subject of the relationship;
- the presence on the side of the object of the relationship;
- as a legal fact.
About the MCHP system
Actually, the system of public-private partnership has typological similarities with the civil law system and has a three-tier structure, namely:
- A common part.
- The special part.
- Civil international process, as well as commercial international arbitration.
The general part includes consideration of issues such as:
- concept, subject, method;
- conflict of laws;
- direct subjects;
- features of the application of foreign legal norms.
In the Special Part, the MPE system addresses issues such as:
- property rights;
- international payments and transportation;
- tort and obligation relations;
- family, inheritance, labor and other international legal relations.
The civil international process and commercial international arbitration regulate issues related, respectively:
- with civil proceedings with the participation of a foreign element;
- with the resolution of commercial disputes by leading entities in the process of carrying out activities of a foreign economic nature.
MPE in the modern legal system
Considering the question of what place MPE in the legal system, it should be said that in modern jurisprudence there are several concepts on this issue, of which the following three are considered the most common.
The first of the above concepts considers that MPE is an integral natural part of domestic law and each of the modern states has its own private international law. This approach is based on the fact that the latter is basically based on national conflict norms, which are enshrined in the relevant codes. However, the vulnerability of this approach lies in the fact that, in addition to national standards, the sources of MCHP are the norms enshrined in international agreements. International law has the status of an independent legal system, and therefore its sources cannot be regarded as sources of domestic law.
According to the second concept, the MCHP system It is an independent legal system that operates in parallel with systems such as national law and public international law. However, this concept contradicts the generally accepted position that currently there are only two legal systems, one of which is the national law of states, and the second is, in fact, international law, the foundation of which is international agreements and customs.
The third concept considers that the MPE is a multisystem legal complex, the first part of which is included in the structure of national law (national norms), and the second part is included in the structure of international law (norms fixed in international treaties).
conclusions
Thus, based on the foregoing, it can be stated that the question of what is the place of MPP in the legal system is somewhat debatable, however, most jurists adhere to the position that MPP should be considered a national branch of law that has numerous links with international law, but not an integral part of the latter.