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This study is devoted to topical issues of interaction between the mechanisms of international and national law and order in the context of the applicability of the public policy clause. The international and national legal systems, being independent, nevertheless are in constant interaction and have a mutual influence on each other. The possibility of applying the law of another State by one State depends on the availability of legal grounds for this, first of all, a reference to a foreign legal order by conflict of laws norms, both national and unified international, solving the problem of choosing the law to be applied. The choice of a competent legal order significantly reduces, if not excludes, the conflict of laws of different states, which define not only individual legal definitions in different ways, but also regulate private law relations that lie within the scope of the law of more than one State. At the same time, in the presence of certain circumstances, the application of foreign law is limited, and in some cases it is not allowed at all. One of these obstacles is a contradiction to the national public order. However, both in the doctrine and in the practice of individual States, there are objective difficulties with determining the fact of contradiction to public order and stating the impossibility of applying foreign law, especially when a particular legal relationship is more closely related to that law, the application of which becomes impossible due to contradiction to the public order of the court state. The author of the article examines various doctrinal points of view, analyzes the materials of law enforcement practice and formulates conclusions and proposals that allow a new look at the possibility of solving the identified problems.
Keywords:international legal order, national legal order, reservation on public order, generally recognized principles and norms of international law, peremptory norms of international law, foundations of the constitutional system.
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