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RESOLUTION OF THE PLENUM OF THE SUPREME COURT OF THE RUSSIAN FEDERATION

of July 9, 2019 No. 24

About application of regulations of private international law by courts of the Russian Federation

For the purpose of ensuring the correct and uniform application of regulations of private international law the Plenum of the Supreme Court of the Russian Federation, being guided by article 126 of the Constitution of the Russian Federation, articles 2 and 5 of the Federal constitutional Law of February 5, 2014 No. 3-FKZ "About the Supreme Court of the Russian Federation", decides to make the following explanations.

General provisions

1. Courts of law and Arbitration Courts determine the right applicable to legal relationship based on regulations of private international law in case participant of the civil relation is the foreign person or the civil relation is complicated by other foreign element including when object of the civil laws is abroad (Item 1 of Article 1186 of the Civil code of the Russian Federation (further - the Civil Code of the Russian Federation).

In case of the dispute resolution, complicated by foreign element, courts apply regulations of the Constitution of the Russian Federation, the conventional principles and rules of international law, regulations of international treaties and acts of the international organizations, interstate rules of law of the Russian Federation and the right of other states (foreign law), customs recognized in the Russian Federation.

Treat the sources of internal law of the Russian Federation containing regulations of private international law, in particular, the Civil code of the Russian Federation (including the Section VI "Private international law"), the Family code of the Russian Federation (the Section VII "Application of the family legislation to the family relations with participation of foreign citizens and persons without citizenship", further - the IC RF), the Maritime Code of the Russian Federation (Chapter XXVI "Applicable law", further - KTM Russian Federation) (Item 1 of article 1186 Civil Code of the Russian Federation, part 5 of article 11 of the Civil Procedure Code of the Russian Federation (further - the CCP of the Russian Federation), part 5 of Article 13 of the Arbitral Procedure Code of the Russian Federation (further - the AIC of the Russian Federation).

2. The list of foreign elements (the foreign subject of legal relationship, foreign object of legal relationship) provided in Item 1 of article 1186 Civil Code of the Russian Federation is not exhaustive. As foreign element including making abroad actions or approach of event (dispositive fact) attracting origin, change or the termination of the civil relation can be also considered.

For example, according to article 1 of the Convention of the United Nations about agreements of the international purchase and sale of goods (it is concluded in Vienna on April 11, 1980, further - the Vienna convention of 1980) this convention is subject to application to purchase and sale agreements of goods between the parties which commercial enterprises are in the different states, in case of observance of the conditions specified in this Article. At the same time the location of commercial enterprise is determined not by national identity of person (nationality of physical person or the place of organization of the legal entity), that is availability of foreign element in the form of the subject of legal relationship, and the place in which the agreement party of purchase and sale conducts business activity on regular basis, or, in case of its absence, the residence of physical person (Item 3 of Article 1, article 10 of the Vienna convention of 1980).

Similarly according to Item 1 of Article 1 of the Convention on the Contract for the International Carriage of Goods by Road (it is concluded in Geneva on May 19, 1956) this convention is applied to any agreement of road transportation of goods for remuneration by means of vehicles when the shipping place of load and delivery location of load specified in the contract are in the territory of two different countries from which, at least, one is participant of the Convention. Application of the Convention does not depend on residence and national identity of the parties signing the agreement.

According to Items 1 and 2 of article 1 of the Convention for standardization of some rules of the international airborne transportations (it is concluded in Montreal on May 28, 1999, further - the Montreal convention of 1999) this convention is applied in case of any international delivery of people, baggage or load performed for remuneration by means of the aircraft. It is applied also to the free transportations performed by means of the aircraft by the air-transport company. At the same time international delivery in sense of this convention is called any transportation in case of which according to determination of the parties the place of departure and the destination regardless of that, are available or not having rummaged in transportation or overload, are located or in the territory of two State Parties of this convention, or in the territory of the same State Party of the specified convention if the approved stop is provided in the territory of other state even if this state is not the State Party of the Convention.

Thus, application of the Convention on the Contract for the International Carriage of Goods by Road of 1956 and the Montreal convention of 1999 perhaps including to the agreement of international delivery which parties (the consignor or the passenger and carrier) are the Russian physical persons and legal entities.

3. If the international treaty of the Russian Federation contains the substantive law rules which are subject to application to the corresponding relation, determination on the basis of conflict-of-laws rules of the right applicable to the questions which are completely settled by such substantive law rules is excluded (Item 3 of article 1186 Civil Code of the Russian Federation).

For example, Article 23 of the Convention on the Contract for the International Carriage of Goods by Road of 1956 determines the size of the amount which is subject to compensation for the damage caused by total or partial loss of load, article 22 of the Montreal convention of 1999 - responsibility limits concerning delay in case of airborne transportation, destructions, losses, damages or delays of baggage and load.

At the same time the applicable internal law is determined by questions which are not resolved in the international treaty of the Russian Federation by means of conflict-of-laws rules of private international law (further also - conflict-of-laws rules) which can contain both in regulations of international treaties, and in regulations of internal law of the Russian Federation. For example, the Vienna convention of 1980 does not regulate questions of validity of the purchase and sale agreement or any of its provisions, and also effects which this agreement concerning the property right to the sold goods (Article 4) can have. Thus, if the relevant agreement of the international purchase and sale falls within coverage of the Vienna convention of 1980, the part of the relations of the parties will be governed only by provisions of the Vienna convention of 1980 (for example, conditions of indemnification and their size), and other part (for example, invalidity of the agreement) - the legislation of the country determined according to conflict-of-laws rules.

4. If conflict-of-laws rules about determination of applicable law are provided by the international treaty of the Russian Federation (for example, the multi-lateral or bilateral agreement about rendering legal assistance), the court is guided by regulations of the international treaty.

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