TYPES OF PUBLIC POLICY EXCEPTION: NATIONAL, INTERNATIONAL AND SUPRANATIONAL: FEATURES OF THEIR THEORETICAL AND PRACTICAL APPLICATION

Abstract

In this context, the purpose of this work is to discuss national, international and transnational types of public policy, as a result of which conclusions are drawn about the limits of theoretical and practical application of all mentioned types, which can be the basis for the proper application of the public policy exception within legal practice. In the context of the development of private international relations, the number of cases of applying the norms of foreign law is also increasing. In such conditions, the role of the exception of public policy is emphasized within legal arsenal of states as a means of protection when a foreign norm contradicts the fundamental values of of the given country’s society. In this regard, it is necessary to sufficiently study this legal mechanism, including its various types, which can become a necessary methodological basis when referring to it and applying it.

In this context, the purpose of this work is to discuss national, international and transnational types of public policy, as a result of which conclusions are drawn about the limits of theoretical and practical application of all mentioned types, which can be the basis for the proper application of the public policy exception within legal practice. At the same time, reference is made to the history of the development of the specified types of the exception of public policy, the prerequisites for their emergence, the existing theoretical approaches to them, as well as cases of practical application, which together make it possible to form a comprehensive understanding of these types of public policy exceptions and to draw conclusions about their practical necessity.