Open AccessCorrelation of International and Domestic Law: Procedural and Legal Problems
Author(s) -
А Д Магденко,
AUTHOR_ID,
Alexandr Yu. Tomilov
Publication year - 2021
Publication title -
pravosudie
Language(s) - English
Resource type - Journals
eISSN - 2686-8377
pISSN - 2686-9241
DOI - 10.37399/2686-9241.2021.3.189-205
Subject(s) - comparative law , civil law (civil law) , private law , political science , public law , municipal law , law , international law , international legal system , public international law , empirical legal studies , globalization , legal pluralism , legal science , unification , law and economics , legal realism , sociology , computer science , programming language
. Despite the multiplicity of works on the relationship between international and domestic law, this problem remains relevant, since due to changes in public relations, the understanding of the functioning of the rules of law changes. This concerns the problem of the influence of international law on the process of changes in civil procedure legislation. This issue also complicates the active phenomena of the globalisation of public relations, and the requirement of unification of legal relations, both in the public and private legal spheres. National communities have an interest in this. At the same time, the processes of borrowing and unification under the influence of international law in the civil procedure sphere have their own distinctive feature. They always give priority to national legal systems, which does not exclude, (due to the intensive convergence of different communities), the manifestation of elements of borrowing from the norms of international law. Theoretical BasIs. Methods. The main research methods are comparative legal and historical. The study analyses the relationship between international and national law in the framework of civil procedure relations, taking into account the effect of globalisation. Results. An analysis of the current nature of the relationship between international and domestic law allows us to conclude that the globalisation processes contribute to the convergence of these two legal systems. The modern interpretation of the Constitution in the light of the legal positions of the Constitutional Court marked a departure from the traditional Russian dualistic understanding of the problem of the relationship between international and domestic law in the direction of moderate monism. Discussion and Conclusion. The analysis of the impact of globalisation processes on the mechanism of implementation of international law in the field of civil procedure legislation is carried out. The obtained results and conclusions allow us to determine the features and nature of the current relationship between international law and national law in the framework of civil procedure relations.