UDC 341

LIMITED ECONOMIC ACTIVITY OF A LEGAL ENTITY IS SUBJECT TO INTERNATIONAL PRIVATE LAW RELATIONS

Parshikova Tatiana Alekseevna
Tyumen state University
Institute of distance education master degree, MSC

Abstract
The article is devoted to the study of sanctions, as the current restrictive measures in the framework of the implementation of economic detail of juridical persons in private international law. Analyzed the legitimacy of the sanctions imposed unilaterally. Feasible ways of coping, and the weakening of sanctions legal persons, which are subjects of international private law relations.

Article reference:
Parshikova T.A. Limited economic activity of a legal entity is subject to international private law relations // Politics, State and Law. 2015. № 1 [Electronic journal]. URL: http://politika.snauka.ru/en/2015/01/2213

View this article in Russian

Legal processes have neither physical nor spiritual form, and are implemented only at the level of information, it is therefore necessary to consider, first, the information-psychological side of legal acts. In which legal methods are not rules of law, transaction or instrument, and the specific criteria of the information-psychological influence that they are. This is a subjective rights and duties, privileges and suspension, reward and punishment, etc., which are equally divided into two major subgroups: legal incentives and constraints. Let’s consider the latter in more detail.
The legal limit is a legal suppression of unlawful acts constituting the circumstances to satisfy the desires of contract and public desires the protection and patronage; it is defined in the legal category of the framework within which the parties are obliged to function, seizure of certain features in their activities [1].
On the basis of various aspects of the legal restrictions are divided into types. According to the constituent structure rules of law, there are legal restrictions as a hypothesis, obligation, prohibition, suspension and other penalties.
One of the most up to date kinds of restrictions are sanctions. The emphasis in this article is made on consideration of international sanctions.
Sanctions in international law is a special form of international legal responsibility for the failure by countries to international treaties. Are economic and political enforcement measures that are used by countries and international organizations against countries who avoid responsibility for their actions, their international legal violations [2].
It is believed that international sanctions are intermediate method of influence on the country or part of its territory, between the verbal reprimand and direct use of force. The mechanism of sanctions may be included at the initiative of the States, or on the initiative of individual persons. It is very rarely the international sanctions become the subject of proceedings in court.
The following legal acts and legislation is essential to ensure a stable international order, which to a large extent subject to the General understanding of when the use of coercion is legitimate.
In this regard, the urgent problem of the so-called “sanctions”, set specific States unilaterally in the absence of the relevant decisions of the Security Council of the United Nations (UN), in addition to the limitations of the UN security Council or in the implementation of UN security Council sanctions, but exceeding them by the volume of the sanctions regimes. Today this question is of particular importance. It is well known, the United States, the European Union, many other countries have introduced similar restrictions against Belarus, Syria and Iran. This small list of countries is not all a number of examples of unilateral effects, which cause issues for the international community, in particular, when a similar action is given extraterritorial character.
Without delving into the political intention of the United States and members of the European Union, focusing on the issue of what is legal “rudeness” and the inferiority of the provisions of these regulations with international legal side. Coercion in international law has its own characteristic features defined in the first place, the nature of interstate relations and ways of their regulation. In the absence of a centralized apparatus of coercion is performed decentrally – States, using a method of countermeasures, and centrally through institutional method of international organizations through international legal restrictions. An important role in securing this terminological interpretation of international legal sanctions and countermeasures refers to the international law Commission of the United Nations and international judicial practice, which, avoiding the use of the term “sanctions” relative to unilateral measures countries used the term “countermeasures” [3].
The European Union (EU), in principle, does not set limits, as this is a priority right has only the UN, but member States of the EU have the right to impose sanctions, which operate on the territory of the state members of the EU. The scheme of establishment of sanctions by the EU represents a reconciliation of this decision at the Council of Europe – the Supreme authority, the meeting of which, is always behind “closed doors”. The decision to impose restrictions by the European Union issued the appropriate Decision.
Today, there are many existing international sanctions against certain countries and entities in particular.
UN sanctions against Afghanistan, Kong, Iraq assume the assets freeze, travel ban and embargo on arms sales. The last country of the listed travel ban does not apply. EU limits against the Russian Federation were originally announced on 17 March 2014, following a time period of sanctions was launched on March 20. A prerequisite for imposing restrictions against Russia were the principles of the government of the Russian Federation concerning the circumstances that have already been called “the Crimean crisis”.
Sanctions in connection with the events in the Crimea and Eastern Ukraine – limiting political and economic actions set against the Russian Federation and to some citizens and enterprises from Russia and Ukraine, which, in the view of international organizations and certain countries engaged in destabilizing the situation in Ukraine, as well as counter-measures of the Russian Federation [4].

The founder of the restrictions with the intention of the international isolation of the Russian Federation is the U.S. government, under intense pressure which, daring to suffer economic damage to the sanctions joined member States of the European Union. Restrictions also supported the country’s “Big seven” and certain other States – the companions of America and the European Union. It is assumed that the situation of establishing sanctions, the government of America was affected not only by the European Union.
Restrictions against the Russian Federation in its sign “taboo” to enter a certain number of persons in some States, blocking their accounts, the prohibition on commercial activities with organizations that belong to them. In General, restrictions against the Russian Federation supported the Organization for economic cooperation and development, North Atlantic Treaty Organization, “the Big eight”, the European Union. The list of countries that have imposed sanctions against Russia: Britain, Germany, Latvia, France, USA, Australia, Albania, Iceland, Canada, Liechtenstein, Moldova, Norway, New Zealand, Montenegro, Switzerland, Japan.
These developments are forcing domestic traders to focus on the problem of the proper exercise of duties within existing contracts with customers in member States of the European Union and the United States of America (USA).
Let us consider a valid circumstances negative and uncompromising consider methods for solving emerging issues.
1. Restrictions on the supply of certain product categories.
If we impose restrictions on the export of Russian products and services, it is likely that the implementation of the obligations under the transactions concluded and functioned during the period of such decision will be difficult. Starting from the time frame of economic constraints, this situation can be fatal, this means that it may entail the removal of contractors from subsequent implementation of commitments, if agreed about this in the contract, or if, for example, in the contract made use of provisions of the UN Convention On contracts for the international sale of goods”.
Sanctions cash flows from Russia to the member States of the European Union or America today seems unreal situation – however, this is not realistic, as the transfer of the Crimea to Russia in early 2014. If you impose sanctions on the implementation of monetary operations in the state of the European Union and America, you will need to seek ways of involving legal persons from third countries who did not and do not follow the restrictions. In order to involve them in the implementation of monetary operations transit through settlement accounts of such organizations in banks not located in the state supporter of limitations.
International Treaty spelled out qualitatively, in case if it is in detail regulated by the provisions on liability of the parties for failure or improper performance of its obligations. The applicable national law and the provisions of international conventions also include provisions on which we can rely.
In accordance with Art. 79 p. 1 of the UN Convention On contracts for the international sale of goods 1980 [5], a party is not liable for failure to perform its obligations, if it can prove that it came as a result of obstacles beyond its control. From the side it was impossible prudent to expect the adoption of this obstacle in the calculation of the transaction or the resolution of this problem or its consequences. In this regard, we define some of the characteristics that will define certain situations to mind respectful circumstances: nepreodolimosti, the inability to anticipate – the inability to control the occurrence of circumstances.
Therefore, it is necessary to take into account that the ongoing negotiations on the transaction, while establishing economic constraints are actively discussed in the business media already are a sign of “foresight” to establish economic constraints and as a result, in a certain environment unreality for parties to rely on the limitations as to the cause for relief from liability for failure to perform obligations under the contract.
2. Illegal seizure. Lawful seizure and confiscation of goods.
It is not easy to predict long-term prediction about the further prospects of development of Russian-Ukrainian economic relations, but ignorance of the law and the impunity of the armed forces for a long time will reduce business initiative in 2015. The risk of collapse or damage to property is set to insure at all times the goods from the supplier to the buyer, including in the framework of internal deliveries between manufacturer and end customer, or between sales representatives in different regions of the country or States. The transit of goods through Ukraine from EU countries to Russia and back will also be dramatically reduced. Perhaps redistribution logistics routes through the territory of Belarus, as well as by sea through the Baltic or the Black sea.
Usually, for a valid informed of the arrest and seizure of the debtor’s property in another country must implement procedures for recognition and enforcement of judicial decisions, and issue a writ of execution of any such international instrument. In member States of the European Union, national legislation varies significantly from Russian law and has its peculiarity as from the perspective of the regulation of the initiation of proceedings, as well as deadlines for the implementation of enforcement actions, there is a view of the search technique, seizure and sale of property of the debtor, in filing a writ of execution in the commercial Bank, which is open settlement and other accounts of the debtor.
3. Changing the powers of the company. Third jurisdiction.
Change the jurisdiction of the company, in terms of changes of the country in which the legal entity is organized, is not feasible. But the change of persons in the obligation, in principle, possible.
In the period of economic constraints, there is the possibility to arrange delivery of products and services through third countries that do not have set limits.
Assignment of claims and transfer of debt in some circumstances, likely as a measure of urgent response to changing the format of economic relations. However, all such actions must be accompanied by a consideration of the consequences for Russian importer or exporter in terms of the relevant provisions of the tax and customs legislation and economic consequences in the form of temporarily frozen funds, made a prepayment on account of import customs duties, import value added tax and so on
4. Long-term supply of international credit products.
Specific risks encompasses the establishment of economic constraints related to long-term deals in supply of goods, implementation of works or rendering of services. In the space of the high risk it is important to cover prisoners of the credit transaction, for example, in the case of schemes of export Finance import of equipment from Germany to the buyer in the Russian Federation or in case of project financing schemes.
The disclosure of the lending Bank event of default, which can also cause a cross-default on the corporate obligations of the borrower, it should be taken into account as a risk during times of economic constraints. Committing the preparatory stage of the borrower to the prevention of such circumstances must be implemented in advance.
Such contractual arrangements and adopted by the parties to the transaction commitments require meticulous parsing in each particular situation. Negotiations between the parties in pretrial shape with attracting qualified lawyers specializing in international law, may bring acceptable to the parties the results in the form is signed additional agreements or new agreements modifying the terms, dates and financial components of the relationship.
5. Tips for organizations-participants of foreign economic activity.
Appeal in state courts and international commercial arbitration is to analyze how far the possibility of regulatory differences.
The motives and arguments of default on contracts for the correct reason, which, for example, stated in hours 1 tbsp. 79 of the UN Convention can be a method of protection for each of the participants.
“The sanctions pressure leads to the danger of international stability, in this regard, the international community should step from sanctions and threats to finding feasible solutions.


References
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  2. Геворгян К.Г. «Односторонние санкции» и международное право. Заключение Международно-правового совета при МИД России // Международная жизнь. – 2012. – № 8.  – С. 97.
  3. Воробьев В.А. Капитальный испуг. Иран нашел, чем ответить ЕС на новые беспрецедентные санкции / В.А. Воробьев // Российская газета. – 2010. – №5243 (164). – С.
  4. Шепелев И. Г. Анализ санкций против России, определение возможного их влияния на развитие отечественного оборонно-промышленного комплекса и промышленности в целом / И.Г. Шепелев, С. Г. Морозов // Экономика, управление и инвестиции. – 2014. – № 2 (4). – С. 11-15.
  5. Конвенция Организации Объединенных Наций о договорах международной купли-продажи товаров от 11 апреля 1980 г.: по сост. на 02 мая 2014 г. // Вестник ВАС РФ. – 1994. – N 1.


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