Procedural Problems of Establishing the Content of Foreign Law by Russian State Courts

Globalization has increased the interaction between individuals and legal entities from different countries. This leads to the appearance of a foreign element in the relations of the parties. If a dispute arises between such parties, the court should apply foreign law. However, establishing the content of foreign law is a difficult endeavor for a national court. A national judge cannot be required to be familiar with the foreign legal system as he or she is with his own. Moreover, the way in which the content of foreign law is established differs significantly from the process of establishing the content of national law. This study aims to identify the problems facing Russian courts in establishing the content of foreign law. This study proposes the ideas for the legal regulation development of the institution of establishing the content of foreign law. The results of the study will be useful both for further academic research and the legislative development of this institution.