Implementation of the Principles of Private International Law in Law Enforcement Practice

This article analyzes the theoretical understanding of the and their implementation in law enforcement by analyzing the the problem of dividing the principles into general and special, clarifying the legal specifics of this differentiation is raised. The authors pay attention to the fact that the general are general principles of international law, both private and public, because they are enshrined in the «The Declaration on Principles of International Law concerning Friendly Relations and Co-operation among States». At the same time, special principles have received direct and formal expression in specific legal norms of national legislation, which contributes to their more effective implementation. Further, the authors analyze the principle of autonomy of will and its material embodiment in judicial decisions. Thus, there is a close connection between the positions of the law enforcement officer and the positions of legal scholars. Namely, the practically unlimited principle of autonomy of will, sometimes its literal understanding by the state, but from this it is closely dependent on the will of the state itself, and not on the full expression of the will of the parties, as it might seem at first glance. The authors also emphasize the existence of the concept of «implied» law in the execution of certain court decisions, when for one reason or another there is no indication of a specific applicable law and the court, based on the content or essence of the legal relationship that has arisen, makes a choice in favor of one of the legal systems. The positions of other researchers are confirmed that the principle of the closest connection is realized through such a criterion as «territoriality». In law enforcement acts, some other principles were also disclosed, which received a similar interpretation in the theory and legal consciousness of lawyers.