Развитие коллизионно-правового регулирования в Российской Федерации

Abstract

The present article discusses the differences in the collision legal regulation of some civil legal relations with a foreign element on the basis of the comparative analysis of a number of provisions of the Civil Code of the Republic of Belarus and the Russian Federation. The peculiarities of the choice of the applicable law according to Russian legislation are studied along the following lines: property law and other proprietary rights, contractual relations, party autonomy and tort liabilities. The article studies the problem of the application of the 1993 Convention on Legal Help and Legal Relations for Civil, Family and Criminal Cases and of the 1993 Agreement on the Procedure of Settlement of Disputes Connected with Economic Activity in order to settle the so-called conflict of collisions, that is, the discrepancies existing in the collision law of the Russian Federation and the Republic of Belarus. The author comes to the conclusion that these international treaties leave many problems open and do not correspond to the contemporary level of development of national collision law. With reference to the experience of the EU countries the author makes suggestions on developing cooperation in the area of international private law between the Russian Federation and the Republic of Belarus.