Preview

EURASIAN INTEGRATION: economics, law, politics

Advanced search

Features of International Legal Regulation of Foreign Trade Contracts

https://doi.org/10.22394/2073-2929-2022-03-84-94

Abstract

The article conducts a study to determine the mechanism of effective legal regulation of the content of foreign trade contracts when establishing mutually beneficial relations between participants in a foreign economic transaction who are subjects of law of different states by type of economic activity in accordance with and in accordance with the terms agreed by the parties on the basis of the applicable norms of national and international law and the legislation of the countries regulating these legal relations in foreign economic activity.
Aim. To propose the most optimal directions for improving the legal regulation of the content of foreign trade contracts in the system of international integration.
Tasks. To determine the legal basis for regulating foreign trade contracts in modern integration processes; to investigate the legal aspects, specifics and procedure for concluding foreign trade contracts, as well as to identify legal problems that hinder the development of these legal relations.
Methods. In this research we used methods of comparative law, methods of analysis and synthesis, as well as methods of deduction and induction.
Results. In the course of the study, the authors come to the conclusion that there are some problematic aspects of both national and international regulation in the field of foreign trade contracts. These problems are expressed in the absence of a single legal regulation for the conclusion and execution of foreign trade contracts, the presence of specific requirements for the content of the contract in different countries, and as a result, the appearance of conflicts at the stage of agreement of the text of the contract by partners from different countries, as well as in the absence of a single legal mechanism ensuring fair resolution of disputes between the parties to the contract.
Conclusion. As a result of the analysis of the actual problems associated with the lack of the necessary comprehensive legal regulation of the content of foreign trade contracts, the authors propose optimal ways to solve them by harmonizing legislation at the international level in order to humanely and fairly bring together the legislations of states and establish comparable regulatory legal regulation in relation to the legal regulation of the content, conclusion and execution of a foreign trade contract.

About the Authors

V. P. Kirilenko
North-Western Institute of Management of the Russian Academy of Sciences
Russian Federation

Viktor P. Kirilenko, Head of the Department of International and Humanitarian Law, Doctor of Science (Jurisprudence), Professor Honored Lawyer of the Russian Federation

Saint Petersburg



Yu. V. Mishalchenko
Economic Court of the CIS
Russian Federation

Yury V. Mishalchenko, General Adviser, Professor of the Department of Constitutional and International Law of the St. Petersburg Institute (branch) of the AllRussian State University of Justice (RPA of the Ministry of Justice of Russia), Doctor of Science (Jurisprudence), Doctor of Science (Economy), Professor

Moscow

Saint Petersburg



E. V. Vasileva
LLC “TRADECON”
Russian Federation

Ekaterina V. Vasileva, Leading lawyer

Saint Petersburg



References

1. Vilkova N. G., Greshnikova I. P., Greshnikov K. V. [et al.] International commercial arbitration and issues of private law : collection of articles; comp. and ed. by I. P. Greshnikov. Moscow : Statute, 2015. (In Rus.)

2. Kapustin A. Ya. The Law of the Eurasian Economic Union: International Legal status. Journal of Russian Law [Zhurnal rossiiskogo prava]. 2015. No. 11. (In Rus.)

3. Krokhina Yu. A. Legal foundations and prospects for the development of the Eurasian Economic Union as a monetary Union. Legal Science [Yuridicheskaya nauka]. 2018. P. 21–24. (In Rus.)

4. Kubantsev S. P. Public legal means of countering unfair competition: aspects of Russia and the USA. Journal of Foreign Legislation and Comparative Jurisprudence [Zhurnal zarubezhnogo zakonodatel’stva i sravnitel’nogo pravovedeniya]. 2017. No. 4. P. 120–124. (In Rus.)

5. Makovsky A. L., Khlestova I. O. Problems of unification of private international law: monographs. Moscow, 2012. P. 59 (author of the chapter — M. A. Tsirina). (In Rus.)

6. Separate types of obligations in private international law : monograph. 2nd ed., revised. and additional / V. N. Borisov, N. V. Vlasova, N. G. Doronina [et al.]; resp. ed. N. G. Doronina, I. O. Khlestov. Moscow : IZiSP, INFRA-M, 2014. 352 p. (In Rus.)

7. Skripilev G. How to maintain good faith. Ezh-Lawyer [EZh-Yurist]. 2016. No. 42 (944). P. 4. (In Rus.)

8. Shapkina G. S. Legal regulation of deliveries within the framework of the CIS. Law [Zakon]. 1995. No. 6. P. 80. (In Rus.)

9. Shestakova E. V. Legal aspects of th e foreign economic contract. Moscow : Access Right. 2018 [Electronic resource]. Access from the “Garant”. URL: http://study.garant.ru/#/document/77554320 (accessed: 15.07.2022). (In Rus.)

10. Bonell M. J. Unification of law by non-legislative means: the UNIDROIT Draft Principles for International Commercial Contracts. American journal of comparative law. 1992. Vol. 40. P. 617.

11. Vogenauer S., Kleinheisterkamf J., eds. Commentary on the UNIDROIT Principles of International Commercial Contracts, (PICC). Oxford University Press, 2009. P. 9.


Review

For citations:


Kirilenko V.P., Mishalchenko Yu.V., Vasileva E.V. Features of International Legal Regulation of Foreign Trade Contracts. EURASIAN INTEGRATION: economics, law, politics. 2022;16(3):84-94. (In Russ.) https://doi.org/10.22394/2073-2929-2022-03-84-94

Views: 800


ISSN 2073-2929 (Print)