Направления и пределы гармонизации частного права в условиях региональной экономической интеграции

Abstract

The article covers the questions about the areas and limits of harmonization of private law in the context of regional economic integration. The author reveals two mechanisms of approximation of legal systems — unification and harmonization of law, explores the instruments of such approximation on the example of the EU, CIS, EurAsEC, EEU. The author draws attention to the fact, that in the context of regional integration, the harmonization of law is the only possible mechanism, because economic cooperation is not restricted by the creation of the uniform rules, but actually affects public aspects of legal regulation, which, in its turn, broaches the question about state sovereignty. The author makes a conclusion that model legislation could be the orienting point for the adoption of legally binding acts in future. International agreements and acts equivalent to the EU directives are the only possible instruments for the consensus building on public-legal questions. Acts equivalent to the EU regulations are the most appropriate instruments for the unification of private law in the context of regional economic integration.