In accordance with Article 1186 of the Civil Code, the Russian international private law rules, under which the law applicable to civil law relations of an international character is determined, are comprised of the norms of international treaties of the Russian Federation and the Civil Code22 as well as of the federal laws adopted in accordance with it.23 The position of the norms of international law is enforced in Russian law at the constitutional level,24 and if an international treaty of the Russian Federation establishes rules that differ from those stipulated by law, then the rules of the international treaty are to be applied, and this rule applies also to the conflicting civil law norms.
According to the Civil Code,25 international treaties of the Russian Federation are to be applied to the relations directly regulated by the civil legislation, except in cases when it follows from an international treaty that the adoption of an internal legal act is required for its application.
Moreover, Article 1186.3 of the Civil Code determining the law applicable to civil law relations contains the rule prioritizing international law norms, in accordance with which the international material law norms contained in an international treaty of the Russian Federation supersede the application of conflict of laws or choice of law norms to the question at issue.26
The law applicable to civil law relations is also to be determined, according to the Civil Code,27 on the basis of customs recognised in the Russian Federation.
of a court is also that the content of the foreign law is clarified.39 In order to establish the content of norms of foreign law the court may apply for assistance and clarification, according to the Civil Code,40 to the Ministry of Justice of the Russian Federation and other competent bodies or organizations, including research institutes, in the Russian Federation and abroad.
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