Private Law Contract as One of the Ways of Regulation in International Maritime Law

Abstract

The paper analyzes the concept of a civil contract consolidated in the current legislation of the Russian Federation, which allowed the author to conclude that this concept constitutes an established legal phenomenon that has been set out in regulatory acts. The author separately outlines some aspects of state contracts, since similar agreements for the carriage of sea cargo form an independent institution of law stemming from the specified legal institute. The paper also discusses the peculiarities of a private law contract with due regard to doctrinal studies, including the studies conducted in connection with the adoption of the Merchant Shipping Code of the Russian Federation. The author determines the main trends in studying the private law contract as a method of regulation in international maritime law in general theoretical and practical aspects. The paper considers both general theoretical trends aimed at examining global issues and individual issues concerning separate and highly specialized problems, including new problems that have emerged in connection with the development of society, completely new forms of interaction, e.g., the digitalization of public relations. The author analyzes the practice of applying a private law contract in international maritime law, as well as the judicial practice of considering disputes on the designated topic. The author has examined the Russian legislation regulating relations under consideration, taking into account amendments both at the federal level and at the departmental level. The paper also provides for the classification of the indicated amendments and alterations regarding the level of the actors who have initiated them. As a result of the study, it is determined that we can observe the process of formation of absolutely new legal relations that develop in the process of applying a private law contract as one of the ways of regulation in international maritime law, taking into account the geopolitical realities, namely, imposed sanctions, restrictions and contradictions and difficulties created with their help. It is concluded that the current legislation is currently being reformed, and the author suggests improvements.