Circumvention of the law in Private International Law

Аннотация

Abstract: The problem of circumventing the law on the lips of scientists for centuries. The issue of circumventing the law arises in those areas where a person has the right to exercise his will to choose a jurisdiction. At the same time, such an expression of will concerns both the localization of relations by either moving to a certain country or through the autonomy of the will, and the creation of a certain foreign element, which will be associated with a conflicting choice. It is a question of the use of privileges in relation to private freedoms and expression of will in private law, where the concept of circumvention of the law seeks to find its place. However, at the same time, in the spirit of private law, it gives individuals greater private legal freedom. Today, scientists have different views on this problem. The doctrine does not contain an unambiguous legal definition of the concept of circumvention of the law in the IPR, and the legislation of some countries does not contain any relevant provisions. The circumvention of the law can take place only in the sphere of private international law, or in the national legal matter. The article analyzes cases of circumvention of the law; the approaches of scientists to the definition of the essence of the problem of circumvention of the law, to the formulation of the concept of circumvention of the law (with the indication of the subject of circumvention of the law) are systematized and analyzed.Key words: circumvention of the law in private international law, the effect of the conflict rule, the problems of the conflict rule, private international law, the concept of circumvention of the law, the problem of circumvention of the law.