The process of regulating relations inThe civil-legal sphere with a foreign element is fraught with a rather complex problem, consisting in the choice of the law used. The question of how the regulation of relations will be carried out, and the provisions of the legislation of which country will be used, is decided by the court or other law enforcement agency. Regulation of relations in such cases is carried out by a special system.
Conflict rules in private international laware considered the most complex. Moreover, these provisions form the basis of this system in any state. The presence of a foreign element in a relationship provokes such a phenomenon, which is called the "conflict of rules of law."
The term "collisio" of Latin origin,means "collision". When they talk about legislative conflict, they suggest the need for a choice between the legislations of different countries. This phenomenon can be provoked by two reasons. The conflict of law can be directly conditioned by the very fact of the presence of a foreign element in relations within the framework of private law, as well as by the different content of legal norms in the legislation of different states with which this relation is connected.
"The problem of collision laws" is calledthe problem of choosing those provisions that should be applied in the existing conditions. The conflict problem is characteristic, mainly, for the international private law. At the same time, elimination of it is of paramount importance in this sector. In other legal branches, "the problem of collision of laws" is of secondary importance.
The conflict rules determine which provisionslegislation should be applied to the relations that are formed within the framework of international communication. The situation is complicated by the fact that the rule of law of several states applies to the regulation of these relations. Conflicting norms allow you to subordinate interaction with a foreign element to the legislation of one particular country. In this regard, in the legal literature they are called "conflict", "referral" provisions.
Conflicting rates usually sendthe law enforcement agency to the provisions in the relevant legislative system. In this case, they themselves (norms) do not solve the regulated relationship in essence. Thus, it becomes clear that conflict rules, being "referential provisions," can only be used in combination with any legislation that solves the question posed.
However, despite the fact that these provisions onlydetermine the laws of which country will be applied, do not underestimate their importance. Along with the substantive law, to which the conflict provisions are referred, they also express a certain rule, according to which civil relations are carried out.
This system of regulating relations involving a foreign element includes two forms.
Settlement of civil interaction cancarried out in a national legal way. This method involves the publication of national "references", which each state develops independently within its legislation.
The second form - the international legal one - provides for the unification of conflicting norms that countries have developed jointly under international agreements.
In general, the system is applicable in the case whendirect regulation of relations is not possible and the internal "reference clauses" of the countries concerned have significant differences.
Conclusion of the international conflict of lawshelps to ensure maximum compliance with international court decisions. In other words, with the help of this system of regulation, the judicial decision will be identical for all parties, regardless of the state in which it is adopted.