Functions of Foreign Trade Law as Basic Vectors for Legal Regulation of Social Relations

Gubareva Anna Viktorovna, Kovalenko Ksenia Evgenievna

Abstract


The legal regulation of foreign trade is a complex set of legal rules of international and national law. The collision of international and national law as well as interactions between different sectoral norms in the sphere of foreign trade relations require further enhancement of legal regulation and its conformity with the recognized international standards. The functions as a primary instrument of a legal impact on the social processes can illustrate the law in action to reflect the process of its influence on social connections. Analysis of substantive (basic) and instrumental functions can provide understanding of content and purpose of foreign trade law. The substantive function expresses the social purpose of legal institute and points at the subject of legal regulation. The instrumental functions are inherent for some elements of legal institute and are purposed to provide the implementation of a basic function.

There are two substantive functions of foreign trade law: to protect the Russian national economy from takeover by other states' national economies and at the same time to engage foreign economies in developing the Russian national economy through foreign trade agreements and investments.

The article states that the stable legal connection between relations included into the subject of foreign trade law is created not by the nature of these relations but by the basic functions of a legal regulation in the foreign trade sphere, which themselves define the specific method of legal regulation.


Keywords


trade, e-commerce, Internet, commerce, electronic contract, online store, the international market, globalization.

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