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Determination of Foreign Law

Student: Bilba Maxim

Supervisor: Maryana Batalova

Faculty: Faculty of Law

Educational Programme: Jurisprudence (Bachelor)

Year of Graduation: 2021

This work is devoted to a comparative study of the main problems and factors that determine the features of one of the most important institutions of private international law - the ascertainment of foreign law. These issues are considered from the point of view of the reasons and restrictions on the application of foreign law, as well as its procedural regime. The author has demonstrated the relationship between the principles of application of conflict of laws, norms of foreign law and the peculiarities of regulation of the institution of establishing the content of foreign law. Despite the fact that within the framework of this observation it is possible to highlight the convergence of the approaches of jurisdictions in the regulation of the institution under consideration, it should be noted that the existing solutions lack flexibility and conceptual development. The search for a balance in the distribution of the burden of proving foreign law in court proceedings is of particular importance for the effectiveness of the institution. Based on the analysis of Russian legislation and judicial practice, the author recommends ways to resolve these problems, and suggests directions for the further development of the institute.

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