Specific features of foreign economic relations
Автор: Bublik V.A., Gubareva A.V.
Журнал: Вестник Пермского университета. Юридические науки @jurvestnik-psu
Рубрика: Гражданское и предпринимательское право
Статья в выпуске: 2 (36), 2017 года.
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Introduction: the article analyzes the specific features of foreign economic relations in Russia, studies the trends in determining the ways to improve foreign economic legislation that governs these relations under the conditions of rapidly changing political, economic, social and legal processes. Purpose: to make an attempt to solve the scientific problem concerning the development of the modern concept of foreign economic relations in Russia. Achievement of this purpose is of great theoretical significance for science of civil and business law. Methods: the methods used include historical-legal, logical-legal, system-structural, method of interbranch legal researches, system analysis. Results: foreign economic relationship has a unique structural type of legal relationship. It is a complex system consisting of the main synthetic foreign economic relationship with the dynamic structure and accompanying subsidiary relationships that have a direct impact on the dynamics of the main one, with not a single private entity taking part in them. The complicated foreign economic relations must be distinguished from a set of legal relations, groups of legal relations interconnected in a certain way. Two criteria of differentiation can be identified, one of which is the aim of the legal relationship, and the other is a close interconnection and interdependence of relations that make up the complex relationship so that they cannot be separated from each other without detriment to the purpose of the legal relationship. Conclusions: through the example of the dynamics of foreign economic relationship on export of sturgeon caviar, it is shown that this legal relationship is a combination of civil law relations on export of sturgeon caviar and subsidiary public and private law relations, entering into which is mandatory for the exporter and in some cases also for the importer. The civil law relationship cannot be realized without the proper ^ fulfilment of obligations under the subsidiary legal relations. Accordingly, the combination of the considered relations can be regarded as a complex legal relationship, because they are all inextricably linked and united by one goal - to fulfil a foreign economic transaction.
Foreign economic activity, foreign economic relations, structure of a foreign economic relationship, cross-industry legal relations, circulation of objects of civil rights, private law and public law relations
Короткий адрес: https://sciup.org/147202599
IDR: 147202599 | DOI: 10.17072/1995-4190-2017-36-169-180