ISSUES OF THE CONCEPT AND LEGAL STATUS OF THE SUPERIMPERATIVE NORMS IN THE INTERNATIONAL PRIVATE LAW: COMPARATIVE LEGAL ANALYSIS

The article analyzes the content, procedure of execution, actual possibility and admissibility of application of imperative and super-imperative norms of the foreign law. Various points of view and approaches to definition of the concept of imperative and super-imperative norms are investigated. The list of conditions is presented, at which fulfillment the use of the foreign legislation in the country of the court considering the case is acceptable. Interaction of the ways for regulation of the civil-law relations complicated by the foreign element, such as material, conflict and by means of super-imperative norms, is examined. The author come to conclusion that legal nature of super-imperative norms includes not only private interests, but also the public ones, while the regulation of relations affects only the private law.

foreign element, private legal relation, imperative norm, international treaty, conflict norm, superimperative norm, court, law and order, law of an autonomy of will, law of the most close connection, international private law

Kvitsiniya N. V., Narushkevich S. V. Issues of the concept and legal status of the superimperative norms in the international private law: comparative legal analysis // Business. Education. Law. Bulletin of Volgograd Business Institute. 2015. № 4 (33). P. 275—279.