The stability of private law regulation as a generally accepted principle of international law and the principle of civil law Russian Federation
Автор: Vasilyev V.V.
Журнал: Вестник Пермского университета. Юридические науки @jurvestnik-psu
Рубрика: Гражданское право и процесс
Статья в выпуске: 3 (25), 2014 года.
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Introduction: This paper discusses the current level aspects of international legal principles and common law principles Russian Federation stability regulation of private-public relations. Discussion: update of the problems associated with the ongoing processes of economic globalization, the growing economic interaction between the economies of various countries, the functioning of the global capital markets and the internationalization of the production sector. It is proposed to improve the system of universally recognized principles of international law by recognizing one of them the principle of stability of legal regulation. Its effect and application should be directed to protect the rights and interests of investors and owners at the level of international law, to promote the harmonious Development Board of the global economy and ensure the inadmissibility of abuse of state power in the regulation of economic processes. In modern international relations the principle of stability of legal regulation is mainly realized by consolidating it in intergovernmental (interstate) agreements, or in the domestic legislation of a number of states, with regard to providing guarantees to foreign investors. Conclusions: based on the analysis of foreign scientific literature concludes that the implementation of the principle of stability as the universally recognized international legal principle can be achieved by consolidating it in various acts of the United Nations and the World Trade Organization. Results: Substantiates the need for the proposal to include the principle of stability of civil regulation in the civil legislation of the Russian Federation, where today stabilization clause applies to the protection of foreign investors. Securing the wider application of the principle of stability of civil regulation in the civil legislation of the Russian Federation will promote the progressive development of the national economy.
Globalization, international relations, investment, investors'' rights, property, security
Короткий адрес: https://sciup.org/147202434
IDR: 147202434