DAMAGES RECOVERY CLAIMS IN CONDITION OF RUSSIAN FEDERATION JURISDICTION EXTENSION – PRIVATE INTERNATIONAL LAW ISSUES
INTRODUCTION. The proliferation of legislative, judicial and general administrative jurisdiction to Crimea in the spring of 2014 highlighted a number of new issues in the regulation of civil law relations in the international and local sphere that faced the courts in the Russian Federation, as well...
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| Format: | Article |
| Language: | English |
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Moscow State Institute of International Relations (MGIMO)
2018-12-01
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| Series: | Московский журнал международного права |
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| Online Access: | https://www.mjil.ru/jour/article/view/277 |
| _version_ | 1797291467533713408 |
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| author | Yuri E. Monastyrsky |
| author_facet | Yuri E. Monastyrsky |
| author_sort | Yuri E. Monastyrsky |
| collection | DOAJ |
| description | INTRODUCTION. The proliferation of legislative, judicial and general administrative jurisdiction to Crimea in the spring of 2014 highlighted a number of new issues in the regulation of civil law relations in the international and local sphere that faced the courts in the Russian Federation, as well as the need to make adjustments to approaches related to the recognition of foreign state law acts and enforcement of foreign judgments. In the field of private international law, in addition to the mentioned, an understanding of the phenomenon of collision of various multi-national norms arose not in space, which is the central subject of this science, but in time.MATERIALS AND METHODS. The works of Russian and foreign authors are the material of the article. In this work historical, inductive, and comparative research methods were used.RESEARCH RESULTS. This article is on the subject of conflict of law’s regulation pertaining to the claims of losses, the right from the Crimea territory before and after its reunification with the Russian Federation on the 18th of March 2014. The author presents recommendations relating to legislative solutions and amendments to civil and criminal law regulation in line with consideration of judicial competence of national courts in the light of Convention on Legal Assistance and Legal Relations in Civil, Family and Criminal Matters, signed on the 22nd January 1993 in Minsk by participants of CIS, as well Agreement on Settlement of Commercial Disputes of 20th of March 1992.DISCUSSION AND CONCLUSIONS. The author concludes that in view of coming the new jurisdiction in annexed Crimea the foreign elements that arose before this event disappear, and therefore it is necessary to be guided by its legal order in the absence of its regulation in question. The Anglo-Saxon concept of vested rights is not applicable in this exceptional case. |
| first_indexed | 2024-03-07T19:37:16Z |
| format | Article |
| id | doaj.art-0d02b1ca68ed43b580e0e5e2772de1e5 |
| institution | Directory Open Access Journal |
| issn | 0869-0049 2619-0893 |
| language | English |
| last_indexed | 2024-03-07T19:37:16Z |
| publishDate | 2018-12-01 |
| publisher | Moscow State Institute of International Relations (MGIMO) |
| record_format | Article |
| series | Московский журнал международного права |
| spelling | doaj.art-0d02b1ca68ed43b580e0e5e2772de1e52024-02-29T08:19:19ZengMoscow State Institute of International Relations (MGIMO)Московский журнал международного права0869-00492619-08932018-12-010311012010.24833/0869-0049-2018-3-110-120262DAMAGES RECOVERY CLAIMS IN CONDITION OF RUSSIAN FEDERATION JURISDICTION EXTENSION – PRIVATE INTERNATIONAL LAW ISSUESYuri E. Monastyrsky0Sevastopol State UniversityINTRODUCTION. The proliferation of legislative, judicial and general administrative jurisdiction to Crimea in the spring of 2014 highlighted a number of new issues in the regulation of civil law relations in the international and local sphere that faced the courts in the Russian Federation, as well as the need to make adjustments to approaches related to the recognition of foreign state law acts and enforcement of foreign judgments. In the field of private international law, in addition to the mentioned, an understanding of the phenomenon of collision of various multi-national norms arose not in space, which is the central subject of this science, but in time.MATERIALS AND METHODS. The works of Russian and foreign authors are the material of the article. In this work historical, inductive, and comparative research methods were used.RESEARCH RESULTS. This article is on the subject of conflict of law’s regulation pertaining to the claims of losses, the right from the Crimea territory before and after its reunification with the Russian Federation on the 18th of March 2014. The author presents recommendations relating to legislative solutions and amendments to civil and criminal law regulation in line with consideration of judicial competence of national courts in the light of Convention on Legal Assistance and Legal Relations in Civil, Family and Criminal Matters, signed on the 22nd January 1993 in Minsk by participants of CIS, as well Agreement on Settlement of Commercial Disputes of 20th of March 1992.DISCUSSION AND CONCLUSIONS. The author concludes that in view of coming the new jurisdiction in annexed Crimea the foreign elements that arose before this event disappear, and therefore it is necessary to be guided by its legal order in the absence of its regulation in question. The Anglo-Saxon concept of vested rights is not applicable in this exceptional case.https://www.mjil.ru/jour/article/view/277crimearussian jurisdictionconflict of lawsrecovery of losses matters |
| spellingShingle | Yuri E. Monastyrsky DAMAGES RECOVERY CLAIMS IN CONDITION OF RUSSIAN FEDERATION JURISDICTION EXTENSION – PRIVATE INTERNATIONAL LAW ISSUES Московский журнал международного права crimea russian jurisdiction conflict of laws recovery of losses matters |
| title | DAMAGES RECOVERY CLAIMS IN CONDITION OF RUSSIAN FEDERATION JURISDICTION EXTENSION – PRIVATE INTERNATIONAL LAW ISSUES |
| title_full | DAMAGES RECOVERY CLAIMS IN CONDITION OF RUSSIAN FEDERATION JURISDICTION EXTENSION – PRIVATE INTERNATIONAL LAW ISSUES |
| title_fullStr | DAMAGES RECOVERY CLAIMS IN CONDITION OF RUSSIAN FEDERATION JURISDICTION EXTENSION – PRIVATE INTERNATIONAL LAW ISSUES |
| title_full_unstemmed | DAMAGES RECOVERY CLAIMS IN CONDITION OF RUSSIAN FEDERATION JURISDICTION EXTENSION – PRIVATE INTERNATIONAL LAW ISSUES |
| title_short | DAMAGES RECOVERY CLAIMS IN CONDITION OF RUSSIAN FEDERATION JURISDICTION EXTENSION – PRIVATE INTERNATIONAL LAW ISSUES |
| title_sort | damages recovery claims in condition of russian federation jurisdiction extension private international law issues |
| topic | crimea russian jurisdiction conflict of laws recovery of losses matters |
| url | https://www.mjil.ru/jour/article/view/277 |
| work_keys_str_mv | AT yuriemonastyrsky damagesrecoveryclaimsinconditionofrussianfederationjurisdictionextensionprivateinternationallawissues |