THE RUSSIAN FEDERATION’S INTERNATIONAL TREATIES ON LEGAL ASSISTANCE: PROBLEMS OF APPLICATION

Abstract

The paper is an attempt to identify the existing gaps in the RF legislation and to offer ways of their solution in the framework of protection of the rights of citizens and legal persons, to whose relations the norms of international treaties can be applied. The purpose of this research is to study the order process and legal conditions of application of international agreements in arbitration courts of the Russian Federation.
For this it is necessary to solve a number of specific problems: identify the gaps in the legislation; identify the practical problems for the application of the already signed international treaties and ways of their solution; to formulate suggestions for accession to the existing international treaties in which the Russian Federation is still not involved.
The results of the study compensate for the lack of information on the role of international treaties in the practice of the RF arbitration courts. Generalizations and conclusions contained in the work can be used in development of special courses on the problems of private international law, in lectures on the General Course of Private International Law, Civil Law, Tax Law, Customs Law, Arbitration Process, in preparation of teaching materials on Private International Law, and further research into the topic.
Final conclusions: 1) to simplify the system of relations between the law enforcement authorities of the Contracting parties; 2) to consider the possibility of Russia's accession to the Convention on international access to justice adopted in the Hague on 25.10.1980; 3) to adopt a comprehensive law of the Russian Federation or several Federal laws (e.g. the Federal law on enforcement of court orders, the Federal law «On enforcement proceedings in cases involving foreign elements»).