The Correlation of International Treaties And National Civil Legislation: A Problem Of Typology

Abstract

The investigation of theoretical issues of the concept “international treaties” in aspects of their position in the structure of the Russian legal system and their correlation with the Russian civil legislation is given in this article. The mechanism of correlation of the international treaties and the national legislation is characterized from the law application point of view of the notion “source of law”. The author’s typology of phenomena, being based on the diversity of interaction between the international treaties and the national civil legislation, in the form of conceptions of supernationalism, subconstitutionalism, superlegalism and interlegalism is put forward. An opinion that the interlegalism makes more concrete the international treaties’ function of legal applicability, pointing their status of special ordinary legal acts and their correlation with other legal acts of the domestic law by the maxims of concurrence and collision (conflict) of legal norms, is found.

Keywords

• international treaties
• sources of civil law
• application of law
• concurrence and collision of legal norms
• interlegalism