CIVIL LEGAL REGULATION OF NATIONAL SECURITY

  • Elena Valerievna Chuklova Togliatti State University
Keywords: national security, civil law, foreign economic activity, invalidity of a transaction, mandatory rules, private property, termination of ownership

Abstract

From the civil legal regulation, the study of the security in rights is a relatively new and prospective line of the research. On the one hand, civil legislation practically does not deal with the category under the study; on the other hand, one of the mainstreams of ensuring national security is the strengthening of the role of the Russian Federation as a property right guarantor. In this context, the study of legal relations ensuring legal security and civil law regulations confirming its values is currently topical. In the context of civil legislation, the paper studies the legal categories that form the basis of national security, ensuring the main national interests and strategic priorities in this area. The author considers national security as an object of civil legal regulation and attempts to carry out a comprehensive theoretical study of the mechanism of interaction and systemic ties of national security with various civil law institutions and civil law categories, such as public interest, estoppel, property expropriation, and super-mandatory rules. The study shows that the system-forming elements of national security are national interests, threats to national security, strategic national priorities, and forces and means to ensure it. Within the study, the author proves that national security protection is the basis for the differential legal regulation. Thus, the absence of public interest violation is the basis for the estoppel application. The analysis of judicial practice on the research topic allowed concluding that transactions leading to the control over strategic enterprises may be invalidated even if they are subject to foreign law.

Author Biography

Elena Valerievna Chuklova , Togliatti State University

PhD (Law), Associate Professor, assistant professor of Chair “Business and Labour Law”.

Published
2020-06-29
Section
Legal Sciences