Value and role of the public policy clause
Автор: Voloshin Sergei
Журнал: Бюллетень науки и практики @bulletennauki
Рубрика: Юридические науки
Статья в выпуске: 3 т.5, 2019 года.
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Despite rather big globalization penetrating itself a huge layer of the public relations the world remain a wide variety of cultural and national peculiarities, moral and ethical values inherent in any society. However unification process not always positively affects the public order and the valuable sphere which developed in the concrete country. Strengthening of the economic relations between the states directly influences also the legal sphere where foreign norms stick into the domestic legislation and respectively involuntarily impose behavior model which contradicts law and order of this country by means of the norms. Any sovereign state will not allow existence of the destroying norms of the foreign state within the boundaries of their jurisdiction because they have the unique legislation. The institute of the public order must serve as a mainstay from foreign norms, capable to harm to a public order in the country. The article discussed the nature, value and role of the public policy clause. Identified the lack of a unified concept of the ‘public order’ considered its components sigh. Came to the conclusion that the value of the reservation of the public orders as a fundamental principle is one of the manifestations of state sovereignty.
Public order clause, public order, public order in the russian federation, foreign law, foreign element
Короткий адрес: https://sciup.org/14115308
IDR: 14115308 | DOI: 10.33619/2414-2948/40/52