THE PROBLEM OF APPLYING THE LAW OF UNKNOWN STATES IN INTERNATIONAL PRIVATE LAW

The article is devoted to a comprehensive study of the problems of application of the law of unrecognized states in private international law. The study describes the main conceptual approaches to the possibility of national courts to apply the law of unrecognized states in the regulation of private law relations. Emphasis is placed on the arguments «for» the right of courts to take into account the rules of domestic law of unrecognized states, the case law on the issue selected for study is studied. According to the results of the research, it is concluded that the international legal recognition of the newly formed countries and the determination of the status of its national legislation and, as a consequence, the possibility of its application by national courts remain controversial today. Under the outlined conditions in the process of settling private law relations, the competent jurisdictions of the countries face the problem of applying the law of foreign states that have not gained worldwide recognition, which objectively causes controversy on the issue of mandatory rules of conduct, law in force in its territory. Given the fact that today a significant number of unrecognized countries have «proven their viability» and are integrated into the international market, we still consider it appropriate to gradually adopt the effect of private law, even an unrecognized state. National courts, taking into account the specific case and the expediency of applying the private law of an unrecognized state, should apply them if these rules effectively regulate specific private law relations.