The modern system of Russian law includesa large number of different industries, the main task of which is the regulation of various kinds of legal relations that arise and operate in society. Such branches include also private international law (IPP), about which features, as well as about the place of IPP in the legal system, will be described in this article.
So, private international law is a conglomeratelegal norms of material and conflict nature, both national and international, by means of which there is regulation of various civil law relations in which the foreign element directly participates.
As a direct object, whichdeals with the system of private partnerships, private-law relations, complicated by one or another element having a foreign etiology, which can be expressed in such types as:
Actually, the IPP system has a typological similarity with the civil law system and has a three-link structure, namely:
The general part includes consideration of such issues as:
In the Special Part, the system of IPP addresses such issues as:
The civil international process and commercial international arbitration regulate issues related, respectively:
Considering the question of what is the place of IPP inthe legal system should be said that in the modern jurisprudence there is an a few concepts on the subject, of which the most common are considered the following three.
The first of the above concepts is thatThe IPP is an integral natural part of the 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 fixed in the relevant codes. However, the vulnerability of this approach lies in the fact that, in addition to national norms, the sources of IPP are the norms enshrined in international agreements. International law has the status of an independent legal system, in connection with which its sources can not be regarded as sources of internal law.
According to the second concept, the IPP system is an independent legal system,functioning in parallel with such systems as national law and public international law. However, this concept contradicts the generally accepted position that at present there are only two legal systems, one of which is the national law of states, and the second is actually international law, the foundation of which is international agreements and customs.
The third concept is that the IPP representsa multisystem legal complex, the first part of which is included in the structure of national law (national norms), while the second part is included in the structure of international law (norms set forth in international treaties).
Thus, proceeding from all the above,it can be stated that the question of the place of the PPP in the legal system is to a certain extent debatable, however, most jurists hold the position that the IPP should be considered a national branch of law having numerous links to international law but not being an integral part of the latter.
