Chapter 66. General Provisions.
Article 1186. Definition of law applicable to civil law relations with the participation of foreign persons or civil law relations complicated by another foreign element.
1. The law applicable to civil law relations involving foreign citizens or foreign legal entities or civil law relations complicated by another foreign element, including in cases when the object of civil rights is abroad, is determined on the basis of international treaties Federation, this Code, other laws (clause 2 of Article 3) and customs recognized in the Russian Federation.
The specifics of determining the law to be applied by international commercial arbitration shall be established by the law on international commercial arbitration.
2. If, in accordance with paragraph 1 of this article, it is impossible to determine the law to be applied, the law of the country with which the civil-law relationship complicated by the foreign element is most closely related shall apply.
3. If an international treaty of the Russian Federation contains substantive rules to be applied to the relevant relation, the determination on the basis of the conflict of laws rules applicable to issues fully regulated by such substantive rules is excluded.
Article 1187. Qualification of legal concepts in determining the law to be applied.
1. In determining the law to be applied, the interpretation of legal concepts is carried out in accordance with Russian law, unless otherwise provided by law.
2. If, in determining the law to be applied, legal concepts requiring qualification are not known to Russian law or are known by other verbal designation or with other content and cannot be determined by interpretation in accordance with Russian law, then in their qualification foreign right.
Article 1188. Application of the law of a country with a plurality of legal systems.
In the case where the law of a country in which several legal systems operate is applicable, the legal system shall be applied, determined in accordance with the law of that country. If it cannot be determined, in accordance with the law of that country, which of the legal systems is to be applied, the legal system with which the relationship is most closely related is applied.
Article 1189. Reciprocity.
1. Foreign law is subject to application in the Russian Federation regardless of whether Russian law applies to relations of this kind in the relevant foreign state, except for cases when the application of foreign law on the basis of reciprocity is provided by law.
2. In the case when the application of a foreign law depends on reciprocity, it is assumed that it exists, unless otherwise proved.
Article 1190. Return reference.
1. Any reference to a foreign law in accordance with the rules of this section should be considered as a reference to the material, and not to the conflict of laws law of the respective country, except as provided for in paragraph 2 of this article.
2. The return reference of a foreign law can be accepted in cases of reference to Russian law, which determines the legal status of an individual (Articles 1195-1200).
Article 1191. Establishment of the content of the norms of foreign law.
1. When applying a foreign law, the court shall establish the content of its norms in accordance with their official interpretation, practice of application and doctrine in the relevant foreign state.
2. In order to establish the content of the norms of foreign law, the court may apply in the prescribed manner for assistance and clarification to the Ministry of Justice of the Russian Federation and other competent bodies or organizations in the Russian Federation and abroad or to attract experts.
The persons participating in the case may submit documents confirming the content of the norms of foreign law to which they refer in support of their claims or objections, and otherwise assist the court in establishing the content of these norms.
According to the requirements related to the implementation by the parties of entrepreneurial activity, the burden of proving the content of the norms of foreign law may be imposed by the court on the parties.
3. If the content of the norms of foreign law, despite the measures taken in accordance with this article, has not been established within a reasonable time, Russian law shall apply.
Article 1192. The application of peremptory norms.
1. The rules of this section do not affect the operation of those imperative norms of the legislation of the Russian Federation, which, as a result of specifying imperative norms themselves or because of their special significance, including for ensuring the rights and interests protected by law, of participants in civil turnover, regulate the relevant relations regardless of the applicable law .
2. When applying the law of a country according to the rules of this section, the court may take into account the mandatory rules of law of another country that has a close relationship with the relationship, if according to the law of that country such rules are to regulate the relevant relationship regardless of the law to be applied. At the same time, the court must take into account the purpose and nature of such norms, as well as the consequences of their application or non-application.
Article 1193. Reservation of public order.
The rule of foreign law to be applied in accordance with the rules of this section, in exceptional cases, does not apply when the consequences of its application would clearly contradict the fundamentals of the rule of law (public order) of the Russian Federation. In this case, if necessary, apply the relevant rule of Russian law.
The refusal to apply the norms of foreign law cannot be based only on the difference of the legal, political or economic system of the corresponding foreign state from the legal, political or economic system of the Russian Federation.
Article 1194. Retorts.
The Government of the Russian Federation may establish reciprocal restrictions (retortions) with respect to property and personal non-property rights of citizens and legal entities of those states in which there are special restrictions on property and personal non-property rights of Russian citizens and legal entities.
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