Economic security and private international law. International economic law

ú INTERNATIONAL LAW ú

Current problems of international

private law

N. G. Doronina

Features of modern conditions for the development of international private law

The problems of private law relations characterized by the presence of a foreign element are determined by the structure of private international law. “Many Russian researchers perceive modern international private law as a stable unity of conflict of laws rules and principles that mediate two substantive and complementary ways of regulating private law relations, complicated by a foreign element”1.

The important role of conflict of laws in private international law of the Russian Federation has made it possible to form a special area of ​​law in the national legal system. This trait has been noted in other countries. “Thanks to conflict of laws rules, private international law emerged as an independent area of ​​law, located in the national system of law of a separate state.

Doronina Natalia Georgievna - head of the department of international private law of IZIP, Doctor of Law.

*The article was prepared based on the materials of a report made at a meeting of the Private Law Section of the Academic Council of the Federal State Research University “Institute of Legislation and Comparative Law under the Government of the Russian Federation.”

1 Zvekov V.P. Collisions of laws in private international law. M., 2007. P. 1.

gifts"2. However, conflict of laws rules are limited only to indicating the legal order in which answers should be sought in relation to the relations that have arisen. At the same time, as Adolfo Miajo de la Muelo emphasizes, the law of each state, like the system of international public law, consists of substantive norms, i.e. norms that answer the question of what legal consequences arise in connection with or other legal fact.

Domestic substantive rules governing relations with a foreign element are also part of private international law. “Private international law is not limited to conflict of laws; but conflict of laws rules are a very significant part of private international law and the most complex from a legal and technical point of view”3. Indeed, the law on state regulation of foreign trade, the law on foreign investment, and other laws fall within the scope of private international law. Issues of unification of material civil

2 Adolfo Miaho de la Muelo. Las Normas Materiales de Derecho Internacional Privado // Revista Espanola de Derecho Internacional. V. XVI, No. 3. (Adolfo Miajo de la Muelo - Professor of International Law at the University of Valencia, Spain).

3 Lunts L. A. Course of international private law. M., 2002. P. 30.

Danish law, which received their decision in the norms of an international treaty, are also part of private international law. Issues of the legal status of foreigners have always been considered among the issues of private international law when it comes to the scope of their legal capacity. The norms of international civil procedure have traditionally been considered within the framework of private international law in the Russian Federation. “International procedural law is a set of rules and regulations governing the competence of judicial authorities, the form and assessment of evidence and the execution of decisions in international legal life in the event that there is a conflict of procedural laws and customs of different states”4.

The complex structure of private international law (hereinafter referred to as PIL) for a long time did not allow this area of ​​science to be classified as a branch of law. The autonomy of private law within the framework of civil law was recognized with the adoption of Part 3 of the Civil Code of the Russian Federation in 2001. The changes taking place in international life indicate the continuing development of private international law as an independent branch of law. Russian Foreign Minister S. Lavrov at the conference “Modern State and Global Security” in Yaroslavl in 2009 gave a general description of the changes taking place, emphasizing that in modern conditions “deologization of international relations” is important. Raising the level of significance of private law relations means, according to S. Lavrov, re-evaluating the essence of the concepts of “state” and “economic activity” in modern conditions of global challenges and threats. Problems of illegal migration, global poverty, challenge of change

4 Yablochkov T. M. Works on international

mu private law. M., 2002. P. 50.

Climate issues, which at first glance are far removed from the problems of private international law, are in fact related to the search for sources of financing for their solution. The emergence of various forms of participation of private individuals in financing the solution of problems of a national scale significantly expands the boundaries of private international law.

Thus, on October 28, 2009, the Government of the Russian Federation adopted a resolution regarding the implementation of “joint implementation” projects in Russia in accordance with the Kyoto Protocol to the UN Framework Convention on Climate Change. These projects solve the problem of climate change through the interaction of authorities and individuals on the issues of financing activities to preserve the ozone layer. Resources generated within the world community are distributed among its members in accordance with the terms of the international convention. The regulatory act adopted by the Russian Federation concerns the implementation of this global project, in particular the procedure for approving “joint implementation” projects, including the definition of authorized bodies and the content of civil obligations of the parties participating in the agreements. New aspects of international cooperation affect relations arising in private international law.

Back in the 70s. XX century the course of private international law involved the study of forms of international cooperation, the regulation of which was carried out by norms found in various branches of law: labor (issues of the legal status of foreigners), civil and administrative law (issues of foreign trade), civil procedure (international civil procedure). Currently, in addition to strengthening the role of international legal regulation,

research in these areas of relations, other areas of international cooperation are also being developed. However, in these areas the approach to regulating relations of private international law remains unchanged. “When studying international treaties of the Russian Federation, classified as sources of international private law, one cannot fail to take into account the features of these treaties. Generating, like any other international treaties, obligations for the subjects of international law that have concluded them, they contain norms, the implementation of which is ensured, ultimately, in the sphere of relations between citizens and legal entities”5.

In connection with the adoption of the Concept for the development of civil legislation of the Russian Federation (hereinafter referred to as the Concept), it seems important to once again turn to the problems of private international law, defining priorities in solving certain problems of the development of international cooperation6.

According to the approved Concept, the correction of section six “Private International Law”, part three of the Civil Code of the Russian Federation seems sufficient, taking into account the accumulated experience and the changes that have occurred. At the same time, the Concept provides a small range of changes that have occurred as a justification for such an adjustment, in particular, a reference is made to the adoption by the European Union of communitarian legislation in the field of private international law in the form of regulations on contractual and non-contractual obligations.

5 International private law: Textbook. / Ed. N. I. Marysheva. M., 2004. P. 37.

6 The concept for the development of civil legislation of the Russian Federation was approved at a meeting of the Council for the Codification and Improvement of Civil Legislation, which took place on October 7, 2009, chaired by the President of the Russian Federation.

government7. In our opinion, the changes in international life mentioned by S. Lavrov do not allow us to limit ourselves to only “finishing work” in the current legislation. In addition to correcting the relevant section in the Civil Code of the Russian Federation, it would be advisable to think about the prospect of adopting a law on private international law.

The work to unify private international law in the European Union has indeed made great progress, and not only in the area of ​​contractual and tort relations. Projects have been prepared for the uniform regulation of property relations in family law8, inheritance9, as well as in resolving issues of jurisdiction, recognition and execution of foreign court decisions10. This activity, of course, gives food for thought about improving the general provisions of the mentioned section of the Civil Code of the Russian Federation.

At the same time, the examples given are only a small

7 See: European Union Regulation of 17 June 2008 on the law applicable to contractual obligations (Rome I) and European Union Regulation of 11 July 2007 on the law applicable to non-contractual obligations (Rome II) / / Bulletin of the Supreme Arbitration Court of the Russian Federation. 2009. No. 11. P. 95.

8 See: Proposal for a Council Regulation, amending Regulation (EC) N 2201/ 2003 as regards jurisdiction and introducing rules concerning applicable law in matrimonial matters // Com (2006) 399 final of 17.07.2006 (Rome III); Green Paper on Conflict of Laws in matters concerning matrimonial property regimes, including the question of jurisdiction and mutual recognition // Com (2006) 400 final of 07.17.2006 (Rome IV).

9 See: Green Paper on Succession and Wills // Com (2005) 65 final of 03/01/2005 (Rome V).

10 See: Proposal for a Council Regulation on jurisdiction, applicable law, recognition, and enforcement of decision and cooperation in matters relating to maintenance obligations // Com (2005) 649 final of 12/15/2005 (Rome VI).

part of numerous examples of international treaty unification of national legal regulation, which formulate the problem much more broadly - about the relationship between international and national law as two systems of law. In this regard, the number of conflict of laws rules is expanding and general approaches to resolving conflict of laws issues in civil legal relations between the state and a foreign private person are being clarified. Therefore, it seems relevant to adopt a law on private international law that would solve problems that go beyond the scope of civil law regulation.

In the European Union, work to create communitarian private international law began in 1980 with the adoption of the Rome Convention on the Law Applicable to Contractual Obligations. The adoption of this convention, which contains general provisions providing a uniform approach to the application of conflict of law rules, led to the adoption of national laws on private international law on all continents11. Adoption of regulations

11 According to research by the Private Law Research Center in 2001, private international law laws have been enacted at various times and are in force at the time of publication in countries such as the UK (Private International Law Act 1995), Austria (Private International Law Act 1978), Hungary (Private International Law Decree 1979), Germany (General Terms and Conditions Act 1976), Italy (Private International Law Reform Act 1995) ), Liechtenstein (Private International Law Act 1996), Poland (Private International Law Act 1965), Romania (Private International Law Regulation Act 1992), Czech Republic (Private International Law Act 1963). ), Switzerland (Federal Law on Private International Law 1987).

agreements of the European Union, aimed at unifying private international law, gave essentially the same effect12. The influence of the development of communitarian law on the legislative activity of member states makes us think about the significance of law as a more optimal form of regulation.

However, it is not only changes in European Union law that are pushing for the adoption of a law on private international law. The development of the process of codification of private international law is largely required by developing international economic cooperation and a change in the role of international law in its regulation.

Outside the European Community, the development of the process of codification of private international law is facilitated by the expansion of the boundaries of international economic cooperation. At the present stage of the unification of private international law, the main event is the emergence of the so-called international economic law, which would be more correctly called international civil (economic) law, since it provides regulation of economic cooperation between subjects of civil law of different states.

The development of international economic law was associated with an increase

The geography of the new laws affects many continents: Venezuela (1998), UAE (1965 Law), South Korea (1962), Japan (2007), as well as countries with transition economies: Romania (1992 Law), Estonia (1994). See: International private law. Foreign legislation. M., 2001.

12 See: Belgian Private International Code // Moniteur belge of July 2004; Act of

1 9 December 2005 // Moniteur belge of 18 January 2006; Bulgarian Code of Private International Law of May 17, 2005 (as amended on July 20, 2007) // Journal of Private International Law. 2009. No. 1. P. 46.

by determining the volume of investments - property assets moved from one jurisdiction to another. Whatever area of ​​international cooperation we take, the issues raised in connection with this cooperation almost always come down to finding a source of funding. The volume of foreign investment, which has increased many times over in recent decades, is a clear illustration of the relevance of the problems of private international law.

According to Yu. Bazedov, the relationship that arises when making investments belongs to international private law, which is evidenced by the fact that “the effective placement of funds in a market economy depends on the investment decision of a private individual.” In this case, in his words, a “collision of economic regulation” of different states arises.

states

Collisions of economic regulation in different states inevitably involve rules of a public legal nature, the purpose of which is to protect public, i.e. national, interests. Protection of public interests within the framework of civil legal relations becomes the main task of private international law. At the same time, international treaties and national legislation, in which civil law plays a major role, in particular the rules governing investment relations, become sources of regulation of economic relations between participants of different nationalities. “Whether we are talking about contractual or corporate relations, about real rights or intellectual property rights, about contractual

13 Cm.: Basedoff J. Conflicts of Economic Regulation // American Journal of Comparative Law. V. 42. 1994. P. 424.

law or torts, when it comes to investments, the main thing we mean is the efficient allocation of funds, and in a market economy, the efficiency of resource allocation depends on the investment decision of a private individual”14.

The problem of codification of private international law

The adoption of laws on private international law in various countries indicates the development of the process of formation of an independent branch of law within the framework of the national legal system. The Rome Convention of 1980 “On the Law Applicable to Contractual Obligations” had a great stimulating effect on the development of the legislative process. The adoption of this convention was aimed at unifying private international law in the countries of the European Union. In order to uniformly apply conflict of laws rules, general provisions were formulated on the procedure for their application: the rule regarding the application of mandatory rules (lois de police), on public order, revocation, qualification, etc. In its significance, the Rome Convention went beyond the scope of regional unification of private international law . Its effect can be compared with the effect of universal unification of private international law achieved as a result of the International Convention on Private International Law of 1928, known as the Bustamante Code15. The last way is

14 Ibid. P. 425.

15 “Starting from the 19th century. Many scientists in continental Europe dreamed of creating a comprehensive codification of international private law. Manci Pasquale Stanislao (1817-1888) advocated the codification of international private law on an international basis. Mancini's idea was supported by the Institute of International Law, founded in 1873, and in 1893 by the Danish scholar Tobias Michael Karel Asser

promoted the development of conflict of laws as a special area of ​​law by formulating various types of conflict of laws forms and the territorial principle of their application. The Rome Convention formulated general provisions on conflict of laws rules.

The provisions of the Rome Convention were taken into account when developing the corresponding section of the Civil Code in the Russian Federation. However, the section on private international law in the Civil Code of the Russian Federation does not concern complex forms of economic cooperation arising in the field of culture, healthcare, exploitation of energy and other natural resources, in which the participation of foreigners involves resorting not to certain types of civil contracts, but to a system of contractual relations .

In our opinion, the law on private international law should reflect the features of those civil contracts that are used when moving material assets from one jurisdiction to another - making investments abroad. These are agreements regulated by the Civil Code of the Russian Federation, as well as agreements classified as agreements for the regulation of which special laws have been adopted.

(1838-1912), with the participation of the Danish government, convened the first Hague Conference on PIL in order to begin work on conventions aimed at the universal unification of PIL. South American states also began preparing international conventions for their region. Without waiting for this work to be completed, states adopted laws on private international law" (Siehr K. General Problems of PIL in Modern Codifications // Yearbook of Private International Law. Vol. VII. 2005 / Ed. by P. Sar...evi... , P. Volken, A. Bonomi (Lausanne, 2006. P. 19).

Xia: Financial lease agreement (leasing) (Chapter 34, Article 665 of the Civil Code of the Russian Federation); Targeted loan agreement (Chapter 42, Article 814 of the Civil Code of the Russian Federation); Property trust management agreement (Chapter 53, Article 1012 of the Civil Code of the Russian Federation); Commercial concession agreement (Chapter 54, Article 1027 of the Civil Code of the Russian Federation); Simple partnership agreement (Chapter 55, Article 1041 of the Civil Code of the Russian Federation); Financing agreement for the assignment of a monetary claim (Chapter 43, Article 824 of the Civil Code of the Russian Federation).

Civil law contracts, called agreements, include: Production Sharing Agreement (Law of December 30, 1995 No. 225-FZ); Concession agreement (Law of July 21, 2005 No. 115-FZ); Agreement on carrying out activities in the SEZ between the resident and the SEZ management body (Law of July 22, 2005 No. 116-FZ); Agreement on the conduct of industrial and production activities (Article 12 of the Law on Special Economic Zones of July 22, 2005 No. 116-FZ); Agreement on the conduct of technology and innovation activities (Article 22 of the Law on Special Economic Zones of July 22, 2005 No. 116-FZ); Agreement on the implementation of tourism and recreational activities (Article 311 of the Law on Special Economic Zones of July 22, 2005 No. 116-FZ); Agreement on carrying out activities in a port special economic zone (Article 311 of the Law on Special Economic Zones of July 22, 2005 No. 116-FZ).

All these contracts are united by the fact that they, as a rule, are concluded for a long period, their subject is separate property (asset), the transfer of which is carried out for the sole purpose of making a profit during the entire term of the contract. It is this goal - causa - that lies at the basis of the agreement, and allows us to classify these agreements as “investment agreements”.

There are questions about the relationship between property law and obligations law16, about the connection between a subcontract and a construction contract, which does not allow following the principle of “abstractness and neutrality” when resolving a conflict of laws17, etc. The choice between the property law and obligations statute when determining the law applicable to the contract, must take into account the content of contractual relations as investment ones.

The party to the contract transferring the property, or the investor, is provided with a guarantee only when the law establishes an attitude towards him as a “quasi-owner” of the transferred property. How this problem will be solved in the law on private international law is still unknown. However, we can say with confidence that the solution to this problem is possible only if it is solved using the entire toolkit of international private law in a complex, including super-mandatory rules, rules on public order, rules on the qualification of legal concepts when determining the law to be applied.

The application of agreements that provide for the investor’s obligation to resort to various legal means in order to implement the project also provides for the application of the law of the state to which the agreement itself underlying the project is subject. In order to take into account all the features of the

16 See: Zykin I.S. On the issue of the relationship between the property and obligation statutes // Civil law of modern Russia: Collection of articles of the Research Center for Private Law in honor of E. A. Sukhanov. M., 2008. pp. 45-57.

17 See: Pirodi P. International Subcontracting in EC Private International Law // Yearbook of Private International Law. Vol. VII. 2005/

Ed. by P. Sarwvm, P. Volken, A. Bonomi.

Lausanne, 2006. P. 289

temporary realities, it seems advisable to adopt a law on private international law in the Russian Federation, in which the issues of participation of foreigners in national projects and social development programs would receive a uniform solution.

Codification of private international law in Russia can help solve other problems. “The adoption of the Russian law on private international law and international civil procedure provides a rare opportunity to unite related institutions of civil, family and labor law”18.

When adopting a law on private international law, one cannot ignore the problems of civil regulation associated with the participation of the state as a subject of civil law and a party to a civil contract. To ensure the viability of such an agreement, a declaration in the law that it is subject to civil law is not enough. In this case, a civil contract, in accordance with the general principle of civil law on the equality of participants in a civil legal relationship, is the only instrument that can provide the necessary balance of public and private interests. In private international law, this balance of interests is ensured with the help of conditions on the law applicable to the contract and on the procedure for resolving disputes. Among the listed agreements, none of them fully resolved these issues that directly affected the interests and security of the state.

The adoption of a law on private international law involves resolving issues that are an integral part of substantive law.

18 Zvekov V.P. Collisions of laws in private international law. M., 2007. P. 366.

VA, which unites different branches of private law (civil, family and labor). Considering the uneven degree of regulation of relations of international private law in these areas, it is assumed that the adoption of a law on private international law will eliminate the existing gaps while maintaining a unified concept of private international law.

Problems of unification of legal regulation of private law relations

Public international law is the beginning in regulating relations of private international law.

In private international law, the key formula for the relationship between national and international public law is the recognition of the role of “the main starting point” for public international law. According to L. A. Lunts, “a number of basic principles of public international law are of decisive importance for private international law”19. Until recently, the initial principles of private international law included such general principles of public international law as the recognition of socialist property and the operation of laws on the nationalization of private ownership of tools and means of production, and foreign trade monopolies. When deciding private law disputes by the courts of the national legal system, taking these principles into account continues to be of decisive importance. This significance of generally recognized principles and norms of international law is discussed in Part 4 of Art. 15 of the Constitution of the Russian Federation.

Currently, the generally accepted principles of public international law include the principle of national treatment of foreign

19 Lunts L.A. Decree. op. M., 2002. P. 48.

knapsacks, which can be formulated differently in the norms of international treaties and agreements depending on the specific area of ​​international cooperation in which it is applied. The principle of national treatment is also enshrined in the norms of national legislation. When resolving private law disputes, a court or arbitration body must solve a complex problem associated with the application of the relevant rule belonging to a particular system of law.

In private international law, it seems necessary to take into account that, since it is part of the national legal system, the understanding of the phrase “recognition of the original principle of international law” is limited to such an interpretation of the relevant norms and principles that exists within the framework of this legal system. On the other hand, the state has the right to formulate a norm on national treatment in its legislation. However, the interpretation of this norm must be based on the legislation in force in this state, that is, on the system of law in the depths of which this norm originated.

The approach adopted in conflict of laws law, according to experts in the field of private international law, should also be adopted in cases of appealing to the norms of international law as a source of law. “Through trial and error, the doctrine and practice of private international law have reached the only possible option (in terms of the application of norms belonging to different systems of law - N.G.): the norm of one legal system should be applied within the framework of another - as it would be applied in subsoil

the legal order to which she

belongs"20.

20 Bakhin S.V. International composition

of the legal system of Russia // Jurisprudence. 2007. No. 6. P. 130.

The legislative consolidation of this approach is contained in civil (Article 1191 of the Civil Code of the Russian Federation), family law (Article 166 of the RF IC) and in the Arbitration Procedure Code of the Russian Federation (p. 14). The dispersion of norms reflecting the fundamental foundations of the modern level of international communication should be considered among the shortcomings of the national legislation of the Russian Federation on private international law, which are unlikely to be corrected if we limit ourselves to section six of the Civil Code of the Russian Federation.

The question of the interaction of two systems of law - international and national - in the present conditions is becoming increasingly important. As an independent system of law, international law arose and developed in parallel with the state21. At the same time, international law continues to develop as a special branch, distinct from the national system of law, characterized by the presence of branches of law in it. International law is a system of law that is not based on any normative legal act, like the constitution of a state. The peculiarity of international law as a special system of law is manifested in the generally accepted principles of legal regulation, which are voluntarily accepted and implemented by states in their natural desire for self-preservation.

A feature of international law of the modern era is that in this system of law, a tendency towards regionalism has recently developed. This trend is expressed in the desire of states to unite into economic unions in order to accelerate the economic development of the states participating in the union. An example of the development of regionalism in international law, in addition to the European Union, is the North Atlantic Treaty Organization.

21 See, for example: Levin D. B. History of international law. M., 1962.

ical free trade area, or NAFTA. The regional association is based on international treaties called constituent acts. In NAFTA, the basis for integration was international investment arbitration, created on the basis of the Washington Convention.

The attitude towards European law as part of international law is supported by many European authors. At the same time, it was the regional structures that gave rise to the discussion of the problem of fragmentation of international law associated with the “multiplying of judicial institutions.” According to the President of the International Law Association (British branch) R. Higgins, “overlapping jurisdiction is a characteristic feature of international courts and tribunals. In connection with the deepening of international law, the courts are faced with the question of which rules of international law are subject to application. An alternative in the applicable rules of law may lead to the existence of different solutions”22.

In Russian scientific literature, the separation of European law into a special system of law is associated, rather, with the awareness of the importance of studying the law that underlies the economic integration of the state, and for educational purposes in training lawyers in universities. A peculiarity of European law is that it affects the sphere of international economic cooperation, which, in turn, explains the specific attitude towards private international law in the European Union. “The integration program set out in the Treaty of Rome clearly indicated only the role of the member states and bodies of the community. The rights and obligations of private individuals, both citizens and entrepreneurs, have not been directly established, including in the case of

direct connection between these (subjects) of law (my italics - N. G.) and the obligations assumed by the Member States”23.

Y. Basedov characterizes European law as a system that regulates relations between states as subjects of international law. According to him, ambiguity in certain formulations cannot give rise to the attribution of European law to a special supranational structure. “Even the provisions of Articles 81 and 82 on competition of the Treaty establishing the European Community are formulated in such a way that the rights of private individuals do not clearly arise from the provisions prohibiting concerted practices and abuse of a dominant position by economic entities.”24

The example of the NAFTA integration association shows how easily some seemingly indisputable truths can be shaken. The exaggeration of the role of international treaty investment arbitration, created on the basis of the Washington Convention, and the interpretation of the norms of international agreements on the protection of investments as contractual obligations regulated within the framework of the national legal system have led to errors in the practice of resolving investment disputes25.

Currently, the activities of international treaty investment arbitration, which considers disputes between one state

23 Bazedov Yu. European civil society and its law: on the issue of determining private law in the community // Bulletin of civil law. 2008. No. 1. T. 8. P. 228.

theta on the annulment of ICSID decisions in the Vivendi case are based on the difference between claims from treaties and from international agreements // ICSID Case N. ARB/97/3; Solution

gift and person of another state, is greatly facilitated by the fact that the UN International Law Commission at its 53rd session in 2001 adopted the final version of the articles “On the responsibility of states for unlawful acts of an international nature.” According to K. Hober, this means that “in the new era of investment arbitration, what is important, first of all, is one aspect of the legal responsibility of the state, the role of which is constantly increasing, namely the qualification of actions as actions of the state.”

Qualification issues undoubtedly relate to issues of private international law, as, in fact, does the very nature of an investment dispute, which is classified as a private law dispute. These issues have not been resolved in the Civil Code of the Russian Federation in relation to relations with the participation of the state, and this is not accidental, since the protection of the interests of the state goes beyond the scope of civil law relations.

The new law on private international law should reflect the changes that have occurred in international law in connection with the development of new methods of unifying law based on economic integration. It is also important to determine the principles for resolving conflicts in connection with the application of the norms of two different systems of law - international and national.

In our opinion, we should join the opinion expressed by experts that “at least in the context of investment law, it is not enough to simply refer to international law as the applicable law”26. This approach is due to the fact that the interpretation of the norms of international treaties must be based on the general provisions of the system of international law.

26 Campbell McLachlan QC. Investment Treaties and General International Law // International and Comparative Law Quarterly. 2008. V. 57. P. 370.

As for civil law contracts, their effect is ensured by the norms of the national legal system. The interaction of the two legal systems should be aimed at ensuring the fulfillment of each of these obligations, but this goal is achieved through different legal means.

Back in the 70s. XX century Many well-known specialists in private international law have spoken out against the so-called transnational law governing civil agreements or contracts. The dispute was about whether such contracts belonged to the international or national legal system. This is how D. Bettem describes in his doctoral dissertation the discussion that took place at that time on the issue of classifying concession agreements (state contracts) as international law: “A war broke out between international lawyers over the issue of applying international law to contracts concluded by the state. Having settled on the position put forward by lawyer Garcia Amador, a supporter of the idea of ​​internationalization of contracts, the UN International Law Commission stopped dealing with this problem and turned to the development of a draft Convention on State Responsibility proposed by Ago. Ago, examining the reasons for the occurrence of violations of international (my italics - N. G.) obligations, asserted with all certainty that contracts are not subject to the norms of international law”27.

In total, the International Law Commission several times addressed the issue of state responsibility in

27 Bettems D. Les contrats entre Etats et personnes privees etrangeres. Droit applicable et responsabil^ internationale. These de License et de doctorat presentee a la Facu^ le droit de l"Univers^ de Lausanne. Lausanne, 1988.

within the framework of contractual obligations. In the 50s XX century The question of the international responsibility of states was raised in connection with the adoption by states of acts of nationalization28. During that period, the International Law Commission, at its session in 1952 in Siena, recognized that states are obliged to comply with the contracts they enter into, but no resolution was adopted in relation to international law.

In the 60s XX century The problem related to government contracts was discussed by the International Law Commission in connection with the problem of legal regulation of investments. At the regular session of the UN Commission in 1967 in Nice, when discussing Wortley’s report on the topic “Legal conditions for investing capital in developing countries and investment agreements,” the issue of international responsibility of the state in connection with government contracts was again raised, but no solution was reached was taken.

The participation of the Russian side in discussing the problem made it possible to record in the decisions of the International Law Commission the point of view on the private law nature of government contracts and their belonging to the national legal system. When discussing the issue of conflict of laws in Athens in 1979, a number of international lawyers participating in the discussion (Colombos, Fawcett, Giraud) supported the view that the application of international law to government contracts is permissible. However, after the Soviet lawyer Tunkin voiced a different position, he was supported

28 See: Durdenevsky V.N. Concession and convention of the maritime Suez Canal in the past and future // Soviet State and Law. 1956. No. 10; Sapozhnikov V.I. Neo-colonialist doctrines of international protection of foreign concessions // Soviet Yearbook of International Law. 1966-

1967. M., 1968. P. 90-99.

other jurists (Wright, Ago and Rolin) and a resolution was passed stating that in private international law there is a general rule that parties may choose international law as the law applicable to a contract. It should be noted that this resolution dealt exclusively with resolving a conflict of laws issue in private international law, i.e., within the framework of the national legal order29.

The position of Russian lawyers, in particular Ushakov, was supported by foreign experts in the field of international law (Wengler, Bindschedler, Salmon and Mosler). As a result, a resolution was adopted in which, although no conclusions were made regarding the legal nature of government contracts, it directly stated that the contract could not be classified as an “act of international law.”

The resolution of that time did not contain, and could not contain, any conclusions regarding how applicable the principle of autonomy of the will of the parties is to such contracts and what the applicable law should be, as well as what the content of “international contract law” is. These issues of private international law must be resolved within the framework of the national legal order and are most likely expressed in the law on private international law.

Lack of resolution of these issues at the end of the 20th century. made it possible to postpone the resolution of the issue of international responsibility of the state

29 According to Art. 2 of the adopted resolution, the parties may choose the law applicable to the contract, or several national legal systems applicable to the contract, or name the general principles of international law, the principles applicable to international economic relations, or international law, or a combination of these sources, applicable to the contract.

parties - parties to a contract. Currently the situation has changed. The expansion of the scope of state participation in large infrastructure projects financed from private sources has led to the fact that the International Law Commission, acting within the boundaries of exclusively international law, has formulated a number of rules on the international responsibility of states, which are of a recommendatory nature. The articles on state responsibility formulated by the International Law Commission include rules for the qualification of state actions affecting relations of private international law: the behavior of individuals and (or) legal entities that are not organs of the state is qualified as state actions, provided that the conduct in question constitutes their exercise of state powers30.

The articles “Responsibility of States for Internationally Wrongful Acts” were approved by a resolution of the UN General Assembly31 and are currently the starting point for the formation of rules of law on private international law in individual states interested in attracting private investment in the social sphere. In the interests of the state, it is necessary to determine the specific scope of application of these rules, including by

30 See: Hober K. Responsibility of States and Investment Arbitration // International Commercial Arbitration. 2007. No. 3. P. 30.

31 UN General Assembly Document A/56/589. Resolution 56/83 adopted by the UN General Assembly at the 56th session (agenda item 162). Russian text of the article “Responsibility of States for Internationally Wrongful Acts”, developed by the UN International Law Commission, see: International Commercial Arbitration. 2007. No. 3. P. 31-52.

resolving issues of private international law (on the autonomy of the will of the parties in a state contract, applicable law, dispute resolution procedure) by a special law.

The adoption of a law on private international law will also solve such a problem as achieving unity in the approach to resolving procedural issues. Issues of international jurisdiction of judicial and arbitration bodies have traditionally been considered outside the framework of private international law. The development of a law on private international law will also make it possible to solve the problems of civil procedure, which are currently regulated separately (in the Civil Procedure Code of the Russian Federation and the Arbitration Procedure Code of the Russian Federation).

Thus, maintaining Sect. 6 in the Civil Code of the Russian Federation will help avoid possible losses in the integrity of the regulation

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lation of international civil law relations. However, when improving it, it would be necessary to take into account the difficulties that arise when solving the problem of immunity of the state participating in civil legal relations. The development of investment relations associated with the movement of various types of resources (natural, human, monetary and material) from one jurisdiction to another can be resolved in the law on private international law, which does not interfere with the work to improve the norms of section. 6 Civil Code of the Russian Federation. Proposals to amend Section. 6 of the Civil Code of the Russian Federation are contained in the Concept proposed by the Council for the Codification of Civil Legislation under the President of the Russian Federation.

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And its branches - international criminal law, international economic law, etc., are called upon to carry out a coordinating and regulatory function in the international cooperation of states in the fight against international crime on the basis of a set of legal norms that determine the conditions for international judicial assistance of states to each other in the exercise of their punitive power in field of international communication.

At the same time, international cooperation in the fight against transnational crime, including in the economic sphere, is carried out by countries, primarily with the aim of protecting their national economy, national, political, territorial and economic from attacks by transnational organized crime.

The main problem in strengthening and consolidating the legal foundations of the fight against transnational crime, is the interaction of the norms and principles of international law and its branch of international criminal law, with the norms and principles of national criminal law.

International law and international criminal law are factors stimulating the internationalization of national criminal law. This internationalization is determined primarily by the need to unite the efforts of states in the fight against transnational crime. On the other hand, international law, in the process of cooperation between states in the fight against international crime, borrows the experience of countries with more developed national criminal law. Subsequently, norms and principles are formed at the international level, which have an increasingly significant impact on national law. Maintaining, developing and improving this rule-making process is one of the areas of activity of the UN and all its bodies in the fight against international crime, including in the economic sphere.

International law and its branch - international criminal law, constitute a unique legal basis for international cooperation in the fight against economic crimes of an international nature, especially in terms of identifying and classifying committed illegal actions as crimes of an international nature in international economic relations, establishing the responsibility of subjects of international law and punishing persons guilty of committing such crimes.

The UN has formed a mechanism for international cooperation in the fight against international crime, including crime in the economic sphere. Together with other intergovernmental and non-governmental organizations of a universal and regional nature, operating in the context of the fight against international crime, a unique global system for combating international crime is formed.

The Constitution of the Russian Federation (Part 4, Article 15) establishes that the generally recognized principles and norms of international law and international treaties of the Russian Federation are an integral part of its legal system.

From the point of view of content (subject of regulation), the following groups of international treaties can be distinguished, which received particularly wide application at the turn of the 20th - 21st centuries, which contain provisions related to the field of economic security:

• legal assistance agreements;
• treaties on the promotion and protection of foreign investment;
• agreements in the field of international trade and economic cooperation;
• contracts on property rights;
• agreements on international payments;
• double taxation agreements;
• agreements in the field of intellectual property;
• social security agreements;
• agreements on international commercial arbitration.

Among bilateral treaties, complex treaties such as treaties on legal assistance are of greatest interest to Russia. They contain provisions not only on the cooperation of judicial authorities, including on the execution of letters rogatory, but also rules on the law to be applied to the relevant relations.

International economic security is understood as such economic interaction between countries that would exclude deliberate damage to the economic interests of any country. Its implementation is carried out mainly at the supranational level of regulation of international economic relations and consists in the creation of an appropriate international legal mechanism.

International economic security is a state of the world economy and international economic relations that ensures stable economic development of states and creates conditions for mutually beneficial economic cooperation. The OIE system is designed to protect the state from such threats as a spontaneous deterioration in the conditions of global economic development; undesirable consequences of economic decisions made without agreement between countries; deliberate economic aggression on the part of other states; negative economic consequences for individual states caused by transnational crime. The institutional system of the OIE can take various forms: global (UN, WTO, IMF), regional (integration groupings), block (industrial development group of countries united in the Organization for Economic Cooperation and Development; group of eight economically leading countries), sectoral (trade agreements on certain goods), functional (regulation of the activities of TNCs, international scientific and technical relations and migration of citizens, regulation of monetary and financial relations, exchange of economic information, etc.).

The encyclopedic dictionary "Political Science" interprets international economic security as a complex of international conditions of coexistence, agreements and institutional structures, which could provide each state - a member of the world community with the opportunity to freely choose and implement its strategy of social and economic development, without being subject to external economic and political pressure and counting on non-interference, understanding and mutually acceptable and mutually beneficial cooperation on the part of other states.

Thus, the elements of international economic security include:

• *ensuring the sovereignty of states over their natural resources, production and economic potential;
• *lack of exclusive priority in the economic development of individual countries or a group of states;
• *responsibility of states to the world community for the consequences of their economic policies;
• *focus on solving global problems of humanity;
• *free choice and implementation by each state of a strategy for social and economic development;
• *mutually beneficial cooperation of all countries of the world community;
• *peaceful settlement of economic problems.

Compliance with these principles contributes to increasing overall economic efficiency as a result of accelerating global economic growth.

An example of a solution to the problem of collective economic security is the Treaty on the European Union (EU), which established economic and monetary unions of the participating countries. In accordance with it, the Council of Ministers of the EU determines the strategic directions of the economic policy of individual member countries and the EU as a whole and controls the development of the economy of each EU state.

As in any other sphere of life, the realization of interests in the economic sphere occurs in different conditions and under the influence of various factors. In relation to the process of realizing economic interests, these conditions and factors can be both favorable and unfavorable. The first contribute to the realization of interests. The latter oppose this implementation, making it difficult for them to proceed, or even completely for the realization of these interests. Consequently, in order to be realized, economic interests need protection from the influence of everything that creates danger for them. Unfortunately, it is almost impossible to protect all economic interests. But they can be prevented. Something that creates danger. It is commonly called a threat. Threat is a set of conditions and factors that create a danger to the vital interests of the individual, society and the state. Threats are objective in nature and arise as a result of the emergence of contradictions between individuals, layers of society, classes, and states during their interaction in the process of social development. Security threats in the modern world are largely international in nature.

The ability to counter them largely depends on the degree of efforts of various states and their groups. The entire international community. A whole range of security threats simply cannot be neutralized at the level of individual nation states. One of the conditions for fruitful international interaction is a similar understanding and definition of threats by different states and the development of unified methods of countering them. The threat of a global nuclear catastrophe has been replaced by new challenges, such as poverty, infectious diseases and mass epidemics, environmental degradation - environmental threats, wars and violence within states, the proliferation and possibility of using nuclear, radiological, chemical and biological weapons, drug trafficking, global financial and economic crises, international terrorism and transnational organized crime. These threats come from both non-state actors and states, and involve both human and state security. The scale of these threats has increased many times under the influence of such a complex and contradictory phenomenon as globalization. On the one side. In the context of globalization, the interdependence of states has sharply increased, and regional conflicts have begun to seriously threaten global security and stability. On the other hand, by deepening the uneven economic development of states, globalization creates a breeding ground for the accumulation of crisis potential in many countries of the world.

The most striking threats to international economic security can be grouped as follows:

1. The existence of a shadow economy - Shadow economy (hidden economy) is economic activity hidden from society and the state, outside state control and accounting. It is an unobservable, informal part of the economy, but does not cover it all, since it cannot include activities that are not specifically hidden from society and the state, for example, the home or community economy. Also activities that are not specifically hidden from society and the state, such as home or community economics. Also includes illegal, criminal types of economy, but is not limited to them.

Consequences:

• · Deformation of the tax sphere is manifested in its influence on the distribution of the tax burden and. as a result, a reduction in budget expenditures.
• · The deformation of the budgetary sphere is manifested in the reduction of state budget expenditures and the deformation of its structure. The impact on the monetary sphere is manifested in the deformation of the structure of payment turnover, stimulation of inflation, deformation of credit relations and an increase in investment risks, causing damage to credit institutions, investors, depositors, shareholders, and society as a whole.
• · Influence on the system of international economic relations. Large illegal amounts, penetrating the world economy, destabilize the financial and credit system, deform the structure of the balance of payments of states, distort prices and negatively affect the income of private firms.

The positive aspects of hidden economic activity include the possibility of preventing the bankruptcy of a private individual or enterprise and providing employment for part of the population.

• 2. Depletion of natural and other types of resources - irrational use of natural resources can lead to a significant deterioration in the quality of life of the country’s population, due to the depletion of traditional energy and mineral resources, and to the extinction of the nation (if substitute resources or other means of solution are not found problems of human survival).
• 3. Economic crisis - serious disruptions in normal economic activities. One of the forms of manifestation of the crisis is the systematic, massive accumulation of debts and the impossibility of repaying them within a reasonable time. depletion natural resource pollution

The cause of economic crises is often seen as an imbalance between supply and demand for goods and services. The main types are the crisis of underproduction (shortage) and the crisis of overproduction. Every economic crisis leads to changes in people's lifestyle and worldview. Sometimes these changes are short-term and insignificant, sometimes they are very serious and long-lasting.

• 4. Excessive protectionism (this is a policy of protecting the domestic market from foreign competition through a system of certain restrictions: import and export duties, subsidies and other measures, such a policy contributes to the development of national production, stimulating economic growth in general, as well as industrial growth and the growth of the country’s welfare) .
• 5. High level of poverty of the population. Unemployment is a socio-economic phenomenon that implies a lack of work among people who make up the economically active population.

Consequences:

• · Decrease in income
• · Mental health problems
• · Economic consequences (loss of GDP)
• · Worsening of the crime situation
• · Worsening dynamics of growth of population's interest in work
• · Decrease in household income level
• 6. Flight of capital abroad - spontaneous, unregulated by the state, export of capital by legal entities and individuals abroad, in order to make their investments more reliable and profitable, as well as to avoid their expropriation, high taxation, and losses from inflation.

Consequences:

• · the supply of currency in the domestic market is reduced, which does not allow establishing the real exchange rate of the ruble in relation to foreign currencies (the ruble exchange rate becomes unstable);
• · the country's gold and foreign exchange reserves are declining, and this does not allow them to be fully increased and has a negative impact on the ruble exchange rate;
• · the tax base is reduced (the practice of daily export of assets inevitably gives rise to evasion of taxes levied on income on these assets) and revenues to budgets of all levels are significantly reduced;
• · the country's investment climate is significantly deteriorating;
• · the country's economic growth is fundamentally hampered.

Today's threats cross national borders, are interconnected and must be addressed at the global and regional, as well as national levels. No state, no matter how strong it may be, can independently protect itself from modern threats. Nor can it be taken for granted that there will always be the capacity and will to fulfill one's responsibilities to protect one's people without harming one's neighbors.

England concluded bilateral agreements with European states on the mutual provision of most favored nation treatment and soon took a dominant position in world industry, trade, credit relations, and maritime transport. European states have concluded bilateral treaties with each other on the mutual provision of most favored nation treatment. Russia at that time ranked fifth in the world in industrial development.

In the mid-19th century, the United States exported mainly raw materials and agricultural products and adhered to a protectionist policy, which was combined with complete freedom to import foreign capital. By the end of the 19th - beginning of the 20th centuries. The USA became the first industrialized country in the world.

In the 20th century, human society went through gigantic technological shifts. Scientific and technological progress has changed the structure of industry and the nature of all production activities of mankind. The colonial system collapsed. The world has entered the stage of integration processes. The interpenetration of economies was expressed in intensive cross-border movement of goods, services, investments, and labor. The industrial era began to give way to the information, post-industrial era.

Currently, in the international division of labor there is a tendency towards the creation of a single planetary market for goods, services, and capital. The world economy is becoming a single complex.

The national economies of different states are thus interconnected by economic ties, which form international economic relations(IEO).

International economic relations find their practical expression in international trade, monetary, financial, investment and other relations, i.e. in various types of movement resources.

The scale of the modern world economy and international economic relations can be illustrated by the following data. By the end of the 20th century, the total gross domestic product (GDP) in the world amounted to more than 30 trillion. dollars per year, the volume of world trade in goods is more than 10 trillion. dollars. Accumulated foreign direct investment has reached approximately 3 trillion. dollars, and annual direct investments - more than 300 billion dollars.

The US share in world GDP during this period exceeded a quarter of the total, and its share in exports was 12%. The share of EU countries in world exports was 43%, Japan - about 10%. The main trade and investment flows are concentrated within the “triad”: USA-EU-Japan

From the movement goods international trade is taking shape, i.e. paid total turnover. Paid imports and exports of one country are called foreign trade.

The system of legal regulation of interstate economic relations has developed its own “superstructure” - international economic law (IEL). MEP is one of the branches of international law.

2. Elements of international economic law.

DEFINITION: International economic law is a system of legal norms regulating relations between small business entities in connection with their activities in the field of international economic relations(in trade, financial, investment, labor spheres).

Thus, object regulation in international economic law are international economic relations - multilateral and bilateral, cross-border movement of resources (in the broadest sense of “resources” - from material to intellectual).

MEP has its own industries (sub-sectors of SE):

International trade law, which regulates the movement of goods, including trade in services and rights;

International financial law regulating financial flows, settlement, currency, and credit relations;

International investment law, within which the movement of investments (capitals) is regulated;

The law of international economic assistance as a set of rules governing the movement of material and intangible resources that are not goods in the accepted sense;

International labor law, within the framework of which the movement of labor resources and labor is regulated.

Some of the rules governing international economic relations are part of international legal institutions that are traditionally included in other branches of international business. Thus, the regime of maritime exclusive economic zones and the regime of the seabed as the “common heritage of mankind” are established by international maritime law; market regime for air transportation services - international air law, etc.

IEOs (in the broad sense of this concept) have, as is known, two levels of relations - depending on the presence public And private elements:

a) relationships public law character between SE subjects: states, international organizations. It is these relations in the field of international economic relations that are regulated by international economic law;

b) economic, civil law ( private legal) relations between individuals and legal entities of different countries. These relations are regulated internal law each state, private international law.

In the same time public subjects: states, international organizations - enter not only into INTERNATIONALLY legal, but often in CIVIL legal relations.

Very often, especially when it comes to the development of natural resources, the regime for accepting and protecting foreign investments is determined in an agreement between the host state And private foreign investor. In the agreements, the importing state usually undertakes not to take any measures to nationalize or expropriate the investor's property. Such agreements are called “diagonal”, and in Western literature - “government contracts”.

“Public contracts” (“diagonal agreements”) are a subject subject to regulation internal law; it is part of domestic law. At the same time, many Western lawyers believe that this is the sphere of so-called “international contract law”.

The problem has always been relevant for international economic relations immunity states. How should the principle of state immunity operate if the state enters into private legal relations, into “diagonal” agreements?

The international legal principle of state immunity is closely related to the concept sovereignty. Sovereignty - this is one of the signs of a state, its integral property, which consists in the completeness of legislative, executive and judicial power on its territory; in the disobedience of the state, its bodies and officials to the authorities of foreign states in the spheres of international communication.

Immunity state is that it beyond the jurisdiction of the court another state (equal over equal has no jurisdiction). Immunity is enjoyed by: the state, state bodies, state property. Immunity is distinguished:

– judicial: a state cannot be brought to court of another state as a defendant, except in cases of its express consent to this;

From preliminary security of a claim: state property cannot be subjected to coercive measures in order to secure a claim (for example, property cannot be seized, etc.);

From forced execution of a court decision: state property cannot be subjected to measures of forced execution of a court or arbitration decision.

Western legal theory has developed the doctrine of “split immunity” (“functional immunity”). Its essence is that a state entering into civil law agreement with foreign physical/legal person to perform functions sovereignty(construction of an embassy building, for example), has these immunities.

At the same time, if the state enters into such an agreement with a private person with commercial purposes, then it should be equated to a legal entity and, accordingly, should not enjoy immunities.

The legal doctrine of the USSR, socialist countries, and many developing countries proceeded from the non-recognition of the doctrine of “split immunity,” meaning that even in economic transactions the state does not renounce sovereignty and is not deprived of it. However, in modern conditions, in a market or transition economy, opposition to the functional theory of immunity is largely meaningless, since economic entities are no longer “nationalized.” The legal policy and position of Russia and the CIS countries should accept (and actually accepted) the doctrine of “splitting immunity”, which will promote a favorable legal investment climate and the entry of these countries into the legal field of regulation of IEO.

States interacting in international economic relations, enter into legal relations and bear legal rights and obligations. From many legal relationship is formed international economic legal order.

The following circumstances have a significant impact on the international economic legal order:

a) in economic relations between national economies, two trends are constantly in conflict - liberalization and protectionism. Liberalization is the removal of restrictions in international economic relations. Currently, within the framework of the World Trade Organization (WTO), a multilaterally coordinated reduction of customs tariffs is being carried out with the goal of their complete elimination, as well as the elimination of non-tariff regulatory measures. Protectionism is the use of measures to protect the national economy from foreign competition, the use of tariff and non-tariff measures to protect the domestic market;

b) the legal status of a particular state in the IEO system is influenced by the degree of influence of the state on the economy - the economic function of the state. Such influence can range from direct participation in economic activity to different levels government regulation economy.

Thus, in the USSR the entire economy was state-owned. In the foreign economic sphere, there was a state monopoly on foreign economic activity: foreign economic functions were carried out through a closed system of authorized foreign trade associations. Such a market instrument for regulating imports as a customs tariff did not have a decisive significance in a planned, state economy.

In countries with a market economy, the state does not intervene in the economy so completely; its intervention takes the form of state regulation. All economic entities have the right to carry out foreign economic relations. The main instrument for regulating foreign economic relations is the customs tariff (along with non-tariff measures).

The deep basis of the state’s various approaches to managing the sphere of foreign economic activity (FEA) were radically opposing views on essence state and its role in society.

The modern world economy is based on the principles of a market economy. The international economic legal order, therefore, is designed for interaction between market-type states. States that were socialist in the past (about 30 states), making a transition from a planned, state economy to a market economy, received a special status "states with economies in transition".

The balance between market mechanisms of international economic relations and state regulation of the economy is established in the contradictions between liberalization and protectionism.

Everything about which states enter into legal relations is subject legal relations. Subject contractual legal relations of private persons in the field international economic relations may be: goods, services, finance (currencies), securities, investments, technologies, property rights (including intellectual property), other property and non-property rights, labor, etc.

Subject interstate - public - legal relations in the field international economic relations, are usually legal modes trade turnover, access of goods to the domestic market, market protection, principles of settlements for trade turnover, the use of tariff and non-tariff measures to regulate foreign trade, import/export, control over world prices in commodity markets, regulation of commodity flows, transportation of goods, legal status of individuals engaged in foreign economic activity and so on.

On October 27, 2017, the International Scientific and Practical Conference “Economic Security of States and International Private Law” was held at St. Petersburg State University (SPbSU). The conference is timed to coincide with the anniversary of the Honored Scientist of the Russian Federation, Doctor of Law, Professor L. N. Galenskaya.

The conference was opened by the Dean of the Faculty of Law of St. Petersburg State University, Associate Professor S. A. Belov. The conference was moderated by the head of the Department of International Law at St. Petersburg State University, Professor S. V. Bakhin.

Professor L.N. Galenskaya in her speech outlined the main challenges and threats to the economic security of the Russian Federation and emphasized the role of law in resolving these issues.

The conference was attended by leading scientists and practitioners: Professor A. Ya. Kapustin (First Deputy Director of the Institute of Legislation and Comparative Law under the Government of the Russian Federation, President of the Russian Association of International Law), Professor V. V. Ershov (Rector of the Russian State University of Justice ( RGUP)), Professor T. N. Neshataeva (Head of the Department of International Law of the RGUP, Judge of the EAEU Court) Professor M. L. Entin (Head of the Department of European Law at MGIMO), Professor W. E. Butler (USA), Associate Professor N. V. Pavlova (judge of the Supreme Court of the Russian Federation), etc.

In his speech at the opening of the conference, Professor A.Ya. Kapustin noted the importance and significance of the issues brought up for discussion at this event for the current stage of development of international relations and international law. Particular attention in the speech was paid to the issue of compliance of the use of unilateral economic coercive measures with the fundamental norms of international law, with special emphasis on the need to develop an international legal assessment of such measures in relation to the Russian Federation. According to the speaker, the insufficiency and weakness of international legal mechanisms for ensuring international legality raises the issue of expanding the use of national legal means of countering unlawful unilateral restrictive measures, which requires relevant scientific research from Russian science.

During the conference, leading researcher at the Department of International Private Law of the Institute of Legislation and Comparative Law under the Government of the Russian Federation, A. I. Shchukin, made a report on the topic “The principle of protecting the national legal order in Russian civil proceedings.”