The research considers the category of reasonable balance of interests in the context of civil relations. The authors of the article highlight the need to restrict permissibility as a method of civil regulation aimed at protecting the rights and interests of the weaker party in some legal relations. A reasonable balance of interests is ensured by laws and agreements, whose conditions become the subject of a judicial dispute in the absence of a mandatory rule. The authors have analyzed judicial acts conditioned by the need to maintain a reasonable balance of interests. As a result, they have determined that the first condition for applying the fair balance principle is the equivalence of counter-performance in the absence of both excessive benefits and excessive losses for the parties. The second condition is the party-related division in some civil relations. The authors have concluded that the risks of negative consequences should not be borne only by the weaker party if the latter could not reasonably foresee the consequences upon concluding the relevant agreement. Methods. The study is based on the comparative analysis of the Russian scientific doctrine and judicial practice. The main approach to the analysis of the legal tools in question is the method of system analysis. In addition, the authors used the structural-functional method and general scientific methods of cognition. The study aims at determining the principle of a reasonable balance of interests in civil law, its essence, necessity and expediency in the system of law enforcement. The authors aim to define conditions for applying legal norms to achieve a reasonable balance of interests among all parties in disputed legal relations. Results. The study results let the authors claim that the risks of negative consequences should not be borne only by the weaker party if it could not reasonably foresee such consequences upon concluding the agreement and the imbalance of interests among parties in civil-legal relations is caused by the violation by one or another party of the principles of fair practice and reasonableness. Although a reasonable balance of interests is a counterweight to the principles of contractual freedom and free will, courts should apply it to ensure the right of justice.
The article studies the challenges faced by the judicial branch of the Russian Federation. The avalanche of legal cases has reduced the quality of judicial acts and undermined the objective resolution of legal conflicts. In 2018, the Russian legislator attempted to reform judicial proceedings and introduced extrajudicial proceedings but there are still many unresolved issues that will be addressed in this article. The authors believe that the problems experienced by the judicial branch are caused by the imperfection of the current legislation, as well as economic and political grounds. Without dwelling on political foundations, the article reveals economic and legal causes of such problems. The authors used the methods of synthesis, comparative, structural-functional and statistical analysis, as well as interviewing. The study aims at determining negative causes that delay court hearings and result in unlawful and unjustified judicial acts. The authors have revealed causes for the unsatisfactory performance of the judicial branch in the Russian Federation and proposed certain ways to address these causes. They have also drawn the following conclusion: the separation of powers into three branches (the legislative, executive and judicial branches) in the modern world is outdated since the fourth power has already emerged in many states. Sometimes the so-called presidential branch becomes superior to the first two types and affects the judicial one.
When resolving cross-border disputes, courts inevitably face the need for legal qualification of the dispute. The complexity of the process of qualifying disputed legal relations is due to many reasons, such as the need to consider the content of foreign law, the presence in different jurisdictions of different mechanisms of the legal qualification of legal relations, as well as the level of development of private international law in a particular country. The features of various types of qualifications have been studied in this paper, taking into account the current trends in the development of private international law. Methods: The disclosure of the topic was carried out from the standpoint of general scientific methods (sociological, systemic, structural-functional, historical), the method of theoretical analysis, special scientific methods (comparative jurisprudence, technical and legal analysis, concretization, interpretation). The methodological basis of the study was the method of the theory of knowledge. The purpose of the study: To determine the essence of the legal qualification of private international relations, analyze the various stages of the legal qualification of cross-border relations in the Russian jurisdiction, identify their features, and formulate the rules of qualification that have applied significance based on the norms of positive law and the Russian doctrine. Results: The stages of the legal qualification of cross-border relations were identified, its essence was determined, and the signs of legal qualification for certain contractual obligations were revealed. The paper analyzes the current capabilities of the lex fori and lex causae qualification methods, as well as justifies the prospects and advantages of independent qualification methods.
The authors examine the emergence of the institution of restrictions on the right to property from a historical perspective and also justify the need to introduce a mechanism of restrictions on the right in the modern world. The disclosure of the topic was carried out from the standpoint of general scientific, the method of theoretical analysis, and special scientific methods (comparative jurisprudence, technical and legal analysis, concretization, interpretation). The methodological basis of the study was the method of the theory of knowledge. The necessity of developing a mechanism for limiting the absolute right of ownership was justified, the difference between the restriction and encumbrance of the right of ownership was proved, and the place of the easement in the system of restriction on the right was investigated.
Although the term "private international law" was introduced into the legal space back in the 19th century, there is no consolidated scientific definition of this legal entity in Russian and foreign doctrine. In the authors' opinion, the essence of private international law is manifested through its subject. The article presents and analyzes various views on the subject of private international law and formulates its own definition of private international law. Methods: General scientific methods of cognition such as comparative and systematic analysis, synthesis, historical analysis, and scientific research of legal entity "private international law and its subject" are used in the article. The objective of the study: To investigate the category of private international law, the private international law subject, and the features and criteria of the private international law subject. Results: The authors conclude that the subject of private international law includes not only private law relations, but also public legal relations linked to private relations. The authors also prove that private international law does not fit into the traditional understanding of the sectoral division of Russian law, as it regulates not one homogeneous group of public relations but several different groups of relations (civil, family, labor, corporate, procedural, etc.).
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