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§ 2. Concept and kinds of legal regulators of civil relations and a place of them of the conventional principles and norms of international law

Concept and kinds of legal regulators of civil relations.

Legal regulation is a version of the social regulation representing «purposeful influence on behaviour of the people, subordinating to its certain sample» [54].

The subject of public relations submits to obligatory rules which already exist in a society, - in it an essence of social regulation. Regulators of public relations are social norms. Among

They are allocated with legal and other social regulators, the last concern: ethical [55], usual [56], financial [57] and others [58].

Legal regulation is understood as «purposeful textual (information-valuable) legal influence on subjects of the legal communications, the reciprocal behaviour causing them adequate to the influencing text» [59]. As fairly marks J.V.Vinichenko, in the widest sense «legal regulation consists in streamlining of public relations» [60]. Legal regulation is positioned and in narrow sense - as «activity of the state and a society on preparation and acceptance of regulatory legal acts» [61]. Certainly, legal regulation as purposeful definition of models (samples) of civil relations and their realisation during a life is not presented not only the body of laws. In the course of legal regulation the legal phenomena of other, distinct from rules of law, an order function also: the Policy of Law, legal activity, sense of justice, legal culture. All together they form system of means of the legal regulation, each of which elements solves specific problems in the legal regulation mechanism.

Rules of law, ordering public relations, influencing subjects, inducing them to certain type of behaviour - focused on the sample, are legal regulators. In turn, legal regulators can have standard or individual character. Individual legal regulation as teoretikopravovoe the phenomenon has received wide illumination in works

I.A.Minnikesa [62] who has given an author's definition to the investigated phenomenon: « Individually-legal regulation is such legal influence on public relations which is connected with an establishment, change or the termination of the legal rights and duties of their participants in the individual order, integrally supplementing standard legal regulation directed on settlement of concrete situations, demanding the legal permission »[63]. Standard legal regulators of public relations are the rules of law containing in various sources of law: from normativnopravovogo the certificate to legal custom [64]. Civil relations are made out also by individually-legal regulators. The most widespread individually-legal regulator is grazhdanskopravovoj the contract. Civil matter can arise and from established the civil rights and judgement duties (item 3 of item 8 GK the Russian Federation) which also has individually-legal character. The same character have nenormativnye the state bodies and local governments which are statutory as the basis of occurrence of the civil rights and duties (item 2 of item 8 GK the Russian Federation). We will notice, that in the Russian jurisprudence the question on possibility of existence of individual norms is for a long time discussed. I.A.Minnikes on this question holds the opinion, according to which individual legal regulation can be carried out and in shape pravotvorcheskoj activity [65].

Consider fair to recognise interaction presence between individual and standard legal regulation [66].

Rules of law (the established obligatory rules of behaviour), both conventional international legal, and interstate civil-law, are is standard-legal regulators of public relations. Civil relations can be regulated as norms of international law (thanks to item 7 GK the Russian Federation), and norms of internal domestic civil law, and also norms of civil law of the foreign states (thanks to action of connecting factors).

V.A.Kanashevsky has stated the first thought that for a designation of action of the international norms in the Russian right system it is necessary to use the intersystem characteristic «a legal regulator of interstate relations». However further he names legal regulators not norms of international law, and international treaties and the international treaty it delimits them from concept "source of law" [67], and of the name of the dissertational research defines as «an intersystem source», and not doskazyvaja, a source of that all the same this contract is (the rights, a legal regulator, legal system or other).

Legal regulators are rules of law. Accordingly as sources of legal regulators of civil relations can act both international law sources, and sources of the Russian civil law, and also sources of civil law of the foreign states. Thus each of these regulators and their sources is independent, they are independent from each other and cannot be a part each other.

In this connection it is impossible to agree with a conclusion that, for example, international treaties are sources of the Russian internal law [68 [69]. International treaties and mezhdunarodnopravovye the customs containing conventional principles and norms, are sources of international law and sources legal re -

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gulirovanija interstate relations, including civil.

To sources of the Russian civil law traditionally carry regulatory legal acts and legal customs. At gap in law detection general principles and sense of the civil legislation, and also the requirement of conscientiousness, a rationality, justice (item 6 GK the Russian Federation) come under to application.

International legal regulators of civil relations owing to item 7 GK the Russian Federations are the conventional principles and the norms of international law containing, in particular, and in international treaties of the Russian Federation (item 7). If interstate Russian sources of legal regulation of private-law relations admit the domestic civil doctrine and are deeply enough investigated,

That in the field of international legal regulators civil otnoshe -

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nii still there are many unresolved theoretical questions.

In modern legal civil law have received wide illumination theoretical and applied aspects of concept, essence, signs, systems of principles of civil law. At the same time the content of the legal doctrine does not contain system representation about the conventional principles of international law. We will underline, that there is no unity of sights at concept «the conventional principles and norms of international law», on what principles and norms to consider "conventional". In domestic pravovedcheskoj to the literature categories "principles" and "norms" of international law are not differentiated. There is debatable a question on sources of these principles and norms: international legal custom or the international treaty.

Complexity with an estimation of the conventional norms of international law as one of kinds of is standard-legal regulators of civil relations consists that these legal phenomena traditionally concern an object of research international public, instead of interstate civil law. To number of the conventional principles of international law carry seven principles, containing in the Declaration on principles of international law from October, 24th of [70 [71] 1970: non-use of force or threat by force; a principle of the peace permission of state differences; a principle of non-interference to the affairs entering into domestic jurisdiction of the state; the duty of the states to co-operate with each other according to the United Nations Charter; equality and self-determination of the people; a principle of a sovereign equality of the states; a principle of diligent performance by the states of the obligations accepted according to the Charter of the United Nations. In the Final act of Meeting on safety and cooperation in Europe (OSCE Final act), accepted in Helsinki on August, 1st, 1975, three more main principles of international law have been formulated: territorial integrity of the state; indestructibility of frontiers; a general recognition and protection of human rights.

The above-stated main principles of international law have some value as regulators of civil relations.

For example, the principle of the sovereignty of the state assumes inadmissibility of the edition of certificates of the civil legislation other subjects, possibility of use by the state of immunities. In international law branches (sea, humanitarian, labour) some conventional principles influencing and on internal civil relations contain.

However as a whole main principles of international law are hardly applicable (and some in general are inapplicable) in grazhdanskopravovoj to environment. They were proclaimed and operate as the norms regulating public relations between sovereign publichnopravovymi by subjects - the states. Whether there is a possibility of use of the specified principles in regulation of the civil relations having obvious private-law essence?

Certainly, it is possible to find set of cases of reflexion of the conventional principles and norms of international law in positions GK the Russian Federation regulating civil relations with a foreign element (a part

The third, section VI «the International private law»). So, one of imperatives of a principle of equality and cooperation of the states - mutual application of norms of the foreign right and a recognition of foreign judgements - is fixed in item 1189 GK the Russian Federation: the foreign right comes under to application in the Russian Federation irrespective of, whether the Russian right to similar relations, except for cases when application of the foreign right on the basis of reciprocity is statutory (item 1189 item 1) is applied in the foreign state; in a case when application of the foreign right depends on reciprocity, it is supposed, that it exists, if other is not proved (item 1189 item 2). In GK the Russian Federation the conventional principle nediskriminatsii foreign persons is reflected also. So, in item 1196 GK the Russian Federation it is fixed, that the civil legal capacity of the physical person is defined by its personal law. Thus foreign subjects and stateless persons use in the Russian Federation the civil legal capacity on a level with the Russian citizens, except cases, statutory.

M.N.Semjakin in this occasion has noticed the following: the conventional principles of international law fixed in the Civil code of the Russian Federation, have a priority before all its other positions; they establish fundamental (intrinsic) rules, characteristic for civil law of the Russian Federation, define strategic tendencies of development of the given branch of law. The specified principles represent a link between two subsystems of the right located at different hierarchical levels: the international private law and civil law of the Russian Federation.

However it is not necessary to reduce the conventional principles and norms of international law it is exclusive to sphere of a regulation of the international private law. Article 7 GK allows to regulate the Russian Federation vnutrigosu - [72]

Donative civil relations, including not burdened by the foreign element, the conventional principles and norms of international law. The legislator mentions them in general provisions GK the Russian Federation which extend, with the account pandektnoj code structures, on all civil-law relations, including not complicated by a foreign element. Similarity of public relations which constitute a civil law subject, gives the bases to allocate such «norms of civil law which are applicable at regulation of any private relations, both property, and non-property. Set of these rules of law constitutes the civil law general part». The premise of norm that the conventional principles of international law are a legal system part, in general provisions GK the Russian Federation testifies to its distribution not only on relations with a foreign element (settled by a part of the third GK the Russian Federation), but also on interstate legal relations. At the same time we will underline, that concept inclusion «the conventional principles of international law» in first (general) part GK the Russian Federation, instead of in especial, allows to speak about possibility of application of these principles and at regulation of interstate civil relations.

International lawyers directly specify in possibility of direct action of international legal norms in internal sphere of the state. So, S.J.Marochkin notices, that the modern international law creates the rights and duties not only for the states, but also for physical and legal bodies [73 [74].

The big role the Constitutional court of the Russian Federation urged to play qualifications of the conventional principles and norms of international law for their further application in sphere of civil relations. So, the Constitutional court of the Russian Federation named the conventional norms of international law the norms fixing the right to judicial protection, the common right on freedom and inviolability of person [75 [76] [77] [78] [79], inadmissibility of an establishment of the criminal liability for default of civil obligations, respect of advantage of the person, inadmissibility about -

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izvolnogo property deprivations.

On the one hand, it is impossible to narrow the list of the conventional principles and norms of international law to main principles of international law. It is obvious, that for action of main principles of international law there would be enough presence in the Russian right only ch. 4 items 15 of the Constitution of the Russian Federation. In this connection, fixing a category «the conventional principles and norms of international law» in GK the Russian Federation, rossy -

sky the legislator has enclosed in it and others, besides the cores, the conventional principles and norms of international law.

On the other hand, it is necessary to notice also, that is inadmissible and to expand the list of international legal regulators of civil relations, and also their sources. So, O.M.Rodionova believes, that in civil law sphere the international certificates (including international treaties) and customs of international law (including the containing conventional principles and norms of international law) »are applied«. It is difficult to agree With this opinion, because, first, according to the Constitution in country legal system the conventional principles and norms of international law are included only, and also «the international certificates» the constitutional norms do not use international treaties of the Russian Federation, wider category; Secondly, taking into account close interpretation of the Organic law by a legal system part international legal customs, including the containing conventional principles and norms of international law », and« the conventional principles and norms of international law, including containing in international legal customs »are not«. These categories should not be identified, differently the legal system of the Russian Federation will replenish with a large quantity of difficult qualified international legal customs.

Place of the conventional principles and norms among legal regulators of civil relations. The conventional principles and norms quite often name sources of any branch of the internal law. So, G.Z.Jarmuhametova has prepared and has defended the dissertation on a theme «the Conventional principles and norms of international law and international treaties of the Russian Federation as sources of a constitutional law of Russia». International legal norms in the Russian jurisprudence are considered as sources criminally - [80]

81 82 83

The law of procedure, the ecological right, the law of master and servant, fi -

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nansovogo the rights.

The sight at the conventional principles and norms of international law as on a version of sources of law is characteristic and for tsivili - sticheskih researches. In the textbook of the Russian civil law under E.A.Sukhanov's edition it is directly specified, that the conventional principles and norms of international law and international treaties are sources of the Russian civil law. In other textbook of civil law under V.P.Mozolina and A.I.Masljaeva's edition of norm of international law and international treaties of the Russian Federation also are included in structure of sources of domestic civil law [81 [82] [83] [84] [85] [86] [87]. In the legal literature the place of the conventional principles and norms is defined

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International law in system of sources of civil law.

However, in our opinion, such approach is not methodologically true.

First of all it is necessary to notice, that the conventional principles and norms of international law objectively cannot be sources of law, including interstate. In an international legal science the position according to which the conventional principles and norms of international law represent a special kind of the form of the right is defended. S.P.Patrakeev notices, that earlier representatives of jurisprudence all over the world did not recognise independent value of the conventional principles of international law on a level with norms contractual and a common law. In turn the Soviet school of the right also - behind very rare exceptions - did not perceive the general principles in sense of article 38 of Charter MS the United Nations as an independent source of international law. If all the same these principles were considered as an international law part, only because of their expression in contracts or in international legal custom. Up to 80th The given point of view prevailed not only among representatives of the countries of the socialist block, but among supporters normativistskoj G.Kelzena's concepts. It was proved by fundamental distinctions of legal systems: «... Between authoritative modes and democracies, and first of all, certainly, between capitalist and socialist

The general could not be the states, any, read obshche -

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Recognised, principles ».

However such approach is not with teoretiko-legal and juridiko - methodological positions indisputable. The source of law is an external form of expression of rules of law. Legal, including international, norms cannot be the form of expression. The conventional principles and norms of international law and sources of law correspond as the maintenance and the phenomenon form.

There is an important question: whether as regulators of interstate relations, including gra - [88] zhdanskih, international legal norms enter into concept «the Russian right» as the body of laws (is standard-legal regulators)?

At the answer to this question, it is important to discriminate terms «the Russian right» and «the right operating in territory of Russia». Defining value has differentiation of concepts «the state right» as the body of rules of the right and the legal acts established by the given state, its specialised bodies, and «the right applied in the state», as set of subjects of realisation in interstate legal relations and (or) operating within the limits of jurisdiction of the corresponding state, its competent bodies of all rules of law and all legal acts. The second concept is wider than the first as covers - along with the national law (the basic component) - applicable international norms, international treaties, and also separate rules of law of the foreign state in cases, predusmot -

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rennyh national laws or international treaties.

In sphere of jurisdiction of the Russian state, in territory of the Russian Federation can operate both international law, and the right of the foreign state (for example, as a result of application of the conflict rule of the international private law). The Rules of law operating on state territory, constitute system normativnopravovyh regulators of public relations. Civil relations can be regulated by the legal regulators concerning different legal systems, and as consequence belonging to a different positive law. It is necessary to pay attention that norms of international law act as legal regulators together with the right of the Russian Federation, therefore they should be treated and applied in fo - [89]

kuse the purposes and international law principles, instead of from the point of view soot -

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vetstvujushchih domestic law reference points.

Accordingly, «state sources of law» and «the sources of law, operating in the state» come under to distinction and concepts. As state sources of law understand ways of expression of the state will as obligatory rules [90 [91] [92].

In a number of the states the conventional principles and norms of international law are a part of the right of the country. The part 4 items 5 of the Constitution of Bulgaria says: «the International treaties ratified in a constitutional order, published and become effective for Republic Bulgaria, are a part of the domestic law of the country». In article 28 of the Constitution of Greece it is defined: «the standard norms of international law, no less than international agreements from the moment of their ratification by the law and their introductions into force according to conditions of each of them are an integral part of the internal Greek right...». According to item 25 of the Organic law of Germany, «the conventional norms of international law are a component of the federal right». The conventional norms of international law admit the constitution of Portugal a component of the right of the state.

In the international legal literature the position according to which the conventional principles and norms of international law and international treaties followed is defended to recognise as a part of the right of the Russian Federation. Some international lawyers directly recognised considered norms of international law as a part Russian

The federal right. So, I.I.Lukashuk wrote, that the conventional principles and norms of international law represent an element of system of the federal right of the Russian Federation and come under to application by vessels, «if on the character they can function as a right part stra -

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ny ».

However to declaration of the international rules of law as a right part stir serious theoretical, methodological and pravoprimenitelnye obstacles.

Inclusion of international legal norms in the state domestic law is the proof monisticheskogo the approach to harmonisation international and the national law which from strictly formal positions grants to national legislators the right to use a principle «the subsequent law cancels previous» and to level through acceptance of the internal certificate earlier international to - a dialect [93 [94]. Such approach is accepted in the countries of an Anglo-Saxon legal family. So, in item of VI Constitution of the USA it is fixed 1787: «the Present Constitution and the laws of the United States accepted to execute it, and all dogovory which are concluded or will be concluded by the power of the United States, become the Supreme right of the country» [95].

At inclusion of the conventional international norms in the internal law there will be a question on principles and the purposes of interpretation and application of such norms. After all norms of international law as an accessory of the international legal system should be interpreted and applied by the states in interstate sphere taking into account international law principles as a whole, instead of the domestic law. «This basic and conventional position of international law. First of all owing to the given position of norm of a world situation hardly obosnovanno to consider as a domestic law component» [96]. But if the conventional principles and norms are included in the domestic law then pravoprimenitelem principles and the purposes of application and national law interpretation should be used that contradicts the aforesaid to "an international law substantive provision».

Besides, the structure of the domestic law of the state is presented by set of its branches. Obviously from these positions, that the international law cannot be a part of the domestic law of the country as it is not national law branch. It will be fair to pay attention that the states which have included the conventional principles and norms of international law in internal "right", nevertheless, recognise autonomy international and state law. German scientist D.Raushning, making comments on item 25 of the Organic law of Germany, wrote: « Word-combination «are a component of the right of federation» can be incorrectly apprehended and interpreted. The essence of the given position should not be reduced to that mezhdunarodnopravovye norms represent a part of the national law of Germany. They continue to be norms of international law. Appointment of considered article of the Constitution consists in necessity of use of the specified norms within the limits of legal system of Germany.... We resort to a similar design and in the international private law. In cases when the norm which regulates the right conflict, contains the instruction to use the foreign right, the applied norm does not become norm of the German right. «The German law orders to apply

Norms of the foreign right without change of national character on -

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slednego ».

It is necessary to pay attention, that the Russian courts of justice unreasonably proclaim the conventional norms of international law and international treaties of the Russian Federation a part of the Russian right.

So, the International commercial arbitration court at Torgovopromyshlennoj to chamber of the Russian Federation (further - MKAS) has formulated a legal position according to which the ratified international treaties of the Russian Federation are a part of the national Russian right: «As on September, 1st 1991г. The USSR became the participant of the Viennese convention 1980г., to the contracts concluded since September, 1st 1991г. The subjects which commercial enterprises are in territory of Russia, positions of the specified Convention are applicable. Considering, that positions of the Convention of a steel from the named date a part of the national law of Russia (it is allocated by me - JU.N.), to relations of the parties on the present arbitration business they are applicable owing to item 1 in" Convention item 1 in spite of the fact that the commercial enterprise of the respondent is in the state which is not its participant »[97 [98]. In another matter MKAS has drawn the following conclusion:« The contract provides application to relations of the parties of the Russian substantive law, and the Viennese convention is its component »(it is allocated by me - JU.N.) [99].

Unfortunately, and Russian pravoprimeniteli began to include international treaties of the Russian Federation in the internal Russian right: «the Parisian convention on protection of industrial property from 20.03.1883, 12.10.67 signed on behalf of the USSR (it is ratified 19.09.68), is

Right component (it is allocated by me - JU.N.) the Russian Federation »[100].

Reference by vessels of international legal norms to the country domestic law has far-reaching practical consequences: the parties of the civil-law contract with participation of the counterpart-non-resident can select as applicable «the Russian right». Thus there should be an understanding from all participants of the transaction, whether there is a speech about the positive law operating in the Russian Federation, or only about the interstate Russian civil law created competent state pravotvorcheskim by body.

However in the Russian judiciary practice there are also examples of correct correlation of categories of international law and the Russian right. So, the Danish company has addressed in arbitration court of of Moscow with the statement of claim to the Russian joint-stock company about collecting of losses from failure of the contract of purchase of the contract penalty. By court it has been established, that the commercial enterprises of the parties are in the different states, therefore the purchase and sale transaction is external economic and in it there is no agreement on an applicable law. The trial court has considered, that according to item 166 of Bases GZ operating at the moment of consideration of dispute, in the absence of the agreement of the parties on an applicable law the right of the country of the seller is applied: «in the contract the Russian side, hence, in this case an applicable law of the Russian Federation appears the Seller». However the court of cassation has convincingly confuted the given thesis: « The given conclusion of court is incorrect. Taking into consideration, that agree ch. 4 items 15 of the Constitution of the Russian Federation the conventional principles and norms of international law and international treaties of the Russian Federation are a component

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Its legal system, in the absence of the agreement of the parties on an applicable law in a case when it is a question of the external economic transaction, the court should define, first of all, whether under the transaction relations of the parties fall under international treaty regulation. Considering, that the parties under the disputable transaction are the Danish and Russian companies and that Russia and Denmark are participants of the Convention of the United Nations about contracts of the international purchase and sale of the goods of 1980 (the Viennese Convention), at the resolution of dispute the court should be guided by positions of the specified international treaty. According to item 2 of item 7 of the specified Convention the questions concerning a subject of regulation of the present Convention which it is direct in it are not resolved, come under to the permission according to the general principles on which it is based, and in the absence of such principles - according to the right, applicable owing to norms of the international private law. Only impossibility ascertaining to resolve a question on the basis of norms of the Convention is the necessary basis for the reference to the corresponding conflict rules sending to the applicable substantive law »[101].

Thus, the court has contrasted the internal Russian right which is coming under to application owing to the conflict rule, and the international treaty - the Convention of the United Nations on contracts of the international purchase and sale of the goods. The international treaty is though also a part of legal system of Russia, but not a part of the right of Russia.

It is thought, first, that the Russian courts, using the conventional principles and norms of international law, should with the account kategorialnogo the device of the Constitution of the Russian Federation specify, that the conventional principles and norms of international law and international treaties of the Russian Federation are applied as a part of the Russian legal system, instead of are a part of the Russian right. Secondly, to participants external economic

Relations at an applicable law choice it is necessary to use instead of the term «the Russian right» the term «the right operating in the Russian Federation» as the Russian civil law is constituted by exclusively civil-law norms belonging to the national law.

The conventional principles and norms of international law cannot be neither a part of the interstate Russian right as a whole, nor a civil law part in particular. However they are a part of the positive law applied in territory of the Russian Federation. Sources of law, their containing, are not sources of the Russian civil law, but are the sources of law, operating in the Russian Federation. All rules of law operating in sphere of jurisdiction of the concrete state, act as regulators of public relations. And as a whole the legal regulation mechanism is a mechanism of action of legal system, therefore in sphere of action of the right legal regulators function.

Thus, at otgranichenii «state civil law» from a category «the right operating in sphere of civil relations in the state», it is necessary to mean categories, that the last coincides with the term «a legal regulator of civil relations». Legal regulators of interstate civil relations are the international law, national civil law, private law of the foreign states (through action of conflict rules). As sources of legal regulators of civil relations act accordingly: international law sources, sources of national civil law, and also sources of private law of the foreign states. Thus each of these legal regulators and their sources is independent, they are independent from each other and cannot be a part each other. The conventional principles and norms of international law should admit not a part of national legal [102] systems (or the rights), and a part of system of the legal regulators operating in the state.

We brief the stated. At otgranichenii «the state civil law» from a category «the right operating in sphere of civil relations in the state» should be noticed categories, that the last coincides with the term «a legal regulator of civil relations». Interstate civil relations are regulated both international law, and national civil law, and private law of the foreign states (through action of conflict rules). As sources of legal regulators of civil relations act accordingly: international law sources, sources of national civil law, and also sources of private law of the foreign states.

The conventional principles and norms of international law are norms of international law and are among the legal regulators operating in the state.

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A source: Nefedova Julia Jurevna. the CONVENTIONAL PRINCIPLES And NORMS of INTERNATIONAL LAW AS LEGAL REGULATORS of CIVIL RELATIONS. The dissertation on competition of a scientific degree of the master of laws. Perm - 2014. 2014

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More on topic § 2. Concept and kinds of legal regulators of civil relations and a place of them of the conventional principles and norms of international law:

  1. CHAPTER 1. TEORETIKO-METHODOLOGICAL BASES DOCTRINES ABOUT THE CONVENTIONAL PRINCIPLES AND NORMS OF INTERNATIONAL LAW AS LEGAL REGULATORS OF CIVIL RELATIONS
  2. § 1. The conventional principles and norms of international law and civil-law norms as raznosistemnye the legal Regulators
  3. § 2. Kinds of the conventional principles and the norms of international law used at regulation of the interstate Civil relations
  4. Nefedov Julia Jurevna. the CONVENTIONAL PRINCIPLES And NORMS of INTERNATIONAL LAW AS LEGAL REGULATORS of CIVIL RELATIONS. The dissertation on competition of a scientific degree of the master of laws. Perm - 2014, 2014
  5. § 1. The conventional principles and norms of international law and the norms of the Russian right regulating civil relations: Application priorities
  6. § 3. The bases of use of the conventional principles and norms of international law at regulation of interstate civil relations
  7. § 1. Concept of the conventional principles and norms of international law and its value for civil law
  8. CHAPTER 2. THE CONVENTIONAL PRINCIPLES AND NORMS OF INTERNATIONAL LAW AND THE NORMS OF THE RUSSIAN RIGHT REGULATING CIVIL RELATIONS: DISTINCTION AND INTERACTION
  9. CHAPTER 3. USE OF THE CONVENTIONAL PRINCIPLES AND NORMS OF INTERNATIONAL LAW AT REGULATION OF INTERSTATE CIVIL RELATIONS
  10. § 2. Sources of civil-law norms and sources of the conventional principles and norms of international law: Parity of concepts
  11. § 2. Interference of the conventional principles and norms of international law and international «the soft right»