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MINISTRY OF SCIENCE AND HIGHER EDUCATION OF THE RUSSIAN FEDERATION

Federal State Budget Educational Institution of Higher Education

«Belgorod State Technological University named after V.G. Shukhov» Department of World Economy and Financial Management

"Article" Topic: « Conflict of Laws Rules in the Sphere of Civil Procedural Activity» Presented by: Salil Dunya Yahya.

Group: MEIN-221.

Teacher: Osychenko E.V. Belgorod 2024

CONTENT

Introduction................................................................................................................3

Procedural Conflict-of-Laws Rules in Private International Law and International Civil Procedure……………………………………………………………………..5

Chapter1 : Understanding Conflict of Laws……………………………………..21

Chapter2 : The Role of International Conventions……………………………....23

Chapter3 : Domestic Conflict of Laws Rules………………………………...…..26

Chapter4 : Challenges and Considerations…………………………….…………30

Conclusion...............................................................................................................33

Personal Conclusion on Rules of Conflict of Laws in Civil Procedural Activity…34

References………………………………………….…………………….…….….35 Introduction:

The article analyzes the problems associated with the application of foreign civil procedure norms in the settlement of disputes in international civil procedure. The tendency to apply foreign civil procedural norms has appeared in judicial practice relatively recently, however, at present, reference to foreign procedural law is enshrined in most national and international legal acts on private international law and international civil procedure. This creates the problem of identifying a special category of conflict of laws — procedural conflict of laws rules, the problem of defining their concept and structure (including rules on conflict of jurisdiction resolution).

The purpose of the study is to show that in private international law and international civil procedure there is a special category of norms prescribing the application of foreign civil procedure law, i.e. procedural conflict of laws rules. The purpose of the study is to show that the application of the procedural law of the country of the court in modern international civil procedure should be positioned not as a procedural imperative, but as a general conflict of laws binding. To solve the tasks set, the relevant norms of national laws and international legal acts, as well as examples from judicial practice, are considered. A brief overview of the doctrinal views concerning the problem under consideration is given.

The main research methods are comparative law, comparative and retrospective analysis.

Currently, the application of foreign civil procedure norms is an everyday reality, in connection with which it can be argued that there is a special legal category of "procedural conflict of laws rules". It is advisable to assert the law of the country of the court in international civil procedure not as a procedural imperative, but as a conflict of laws principle, a general conflict of laws binding. It is also proposed to define the rules on resolving the conflict of jurisdictions as procedural conflict of laws rules.

Keywords: private international law, international civil procedure, procedural conflict of laws rules, foreign civil procedure rules, procedural conflict of laws issue, conflict of jurisdictions. The intricate interplay of legal systems in our increasingly globalized world underscores the significance of conflict of laws rules within civil procedure activity. As individuals and entities engage across borders, the legal implications of these interactions necessitate a robust framework to determine applicable laws and jurisdiction. Conflict of laws rules serve as essential tools to resolve discrepancies that arise when different legal systems govern the same issue, particularly in civil matters ranging from contracts and torts to family law. This article explores the foundational principles of conflict of laws in civil procedure, examining how these rules facilitate fair and efficient adjudication in a multi-jurisdictional context. By analyzing key concepts such as jurisdiction, choice of law, and recognition and enforcement of judgments, we aim to illuminate the challenges and solutions that arise in navigating the complexities of legal pluralism. Understanding these dynamics is pivotal for legal practitioners, scholars, and policymakers as they seek to ensure justice and coherence in an interconnected legal landscape. Salil Dunya Yahya Mohammed Yahya.

A student is tied up in Belgorod State Technological University named after V.G. Shukhov.

46 Kostyukova str, Belgorod, Russia.

E-mail: dunyayahya2001@gmail.com. Procedural Conflict-of-Laws Rules in Private International Law and International Civil Procedure

The article analyzes the problems raised from the use of foreign civil procedure norms in the settlement of disputes in the international civil process. The trend towards the application of foreign civil procedural rules has emerged in judicial practice relatively recently, but the reference to foreign procedural law is now enshrined in most national and international legal instruments on private international law and on international civil procedure. This gives rise to the problem of distinguishing a special category of conflict of laws — procedural conflict of laws rules, the

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