Open AccessTHE CONCEPT OF RELEVANT CONDITIONS IN THE MECHANISM OF FUNCTION OF THE PRINCIPLES OF THE CLOSEST CONNECTION
Author(s) -
V E Pavlovsky
Publication year - 2021
Publication title -
vestnik polockogo gosudarstvennogo universiteta. seriâ d. èkonomičeskie i ûridičeskie nauki
Language(s) - English
Resource type - Journals
eISSN - 2710-1916
pISSN - 2070-1632
DOI - 10.52928/2070-1632-2021-58-13-130-136
Subject(s) - relevance (law) , jurisdiction , normative , function (biology) , law and economics , law , impossibility , similarity (geometry) , political science , legislation , computer science , sociology , artificial intelligence , evolutionary biology , biology , image (mathematics)
At the present stage of the development of international private law, the intensity of world economic turnover requires a deliberate approach to law enforcement, each legal dispute requires an individual analytical approach from the law enforcer, moving away from the concept of averaged collision dogma has led science and practice to understanding new methodological approaches to finding the relevant, most close legal solution with the actual composition of the relationship. In this paper, on the basis of general scientific methods, as well as using methods of legal modeling, the author tried to substantiate the concept of applying the criterion of the closest connection in legal systems, using the necessary condition of public imperatives that fill the legislative body of Romance jurisdiction. When following the concept of relevance, the criterion of the closest connection can fully realize its potential as a basic principle of private international law. It has been established that there is a conceptual similarity in the impossibility of overcoming the imperative requirements of legislation in the studied legal systems. The author suggested that the legal system as a unit of a normative array can compete by imperative prescriptions with another legal system when establishing the applicable law, the degree of competition shows relevance, being an epistemological unit. The presence of the relevance property in the clause on public order is indicated.