КОНКУРЕНЦИЯ ПРАВОВЫХ СИСТЕМ: МИФ ИЛИ РЕАЛЬНОСТЬ?

Abstract

The article examines certain aspects of the competition of legal and jurisdictional systems on the example of systems of common and continental (civil) law. The main attention is paid to the analysis of the report “Civil Legal Traditions in Question: On the Reports of the Doing Business of the World Bank”, prepared in the framework of the Association of Friends of French Legal Culture named after Henri Captain. The examples of export of law on the example of the creation of the MFC “Astana” are considered, a number of Russian laws are analyzed, aimed at increasing, in the opinion of their developers, the competitiveness of the Russian jurisdictional system. At the end of the study, the author notes that the condition for the full “coverage” of all possible corporate disputes by the arbitration agreement is the subordination of the MC and MF to foreign law. Another final thesis of this work is the idea that the living environment for participants in economic relations in Russia should be convenient and comfortable both from the point of view of the legal framework and law enforcement. Also, it is noted that increasing the attractiveness of the Russian jurisdictional system is an extremely urgent task, which determines the formation of conditions for increasing economic stability, intensive development of the social sphere and comprehensive progressive development of the country.