THEORETICAL ASPECTS OF THE INTERACTION BETWEEN INTERNATIONAL AND DOMESTIC LAW

There are two main doctrines that reveal the legal nature of the interaction between international and domestic law: dualist and monist. Modern monism determines the autonomy of international and domestic law, focussing on their strong correlation. Dualism defines them as unequal component parts of a universal legal order. Under these theories can be distinguished concepts, describing the methods of implementation of international law within the national legal system. In our opinion, Russia's legal system is built on the principles of moderate dualism. In turn, a very common point of view that the Russia's legal system is built on the basis of the monistic doctrine, erroneous. It is contrary to established practice, is based on a flawed interpretation of article 15 of the Constitution of the Russian Federation, and also on a confusion of «legal system» and «system of law».