Title: Galuschenko G
Author: User
Company: NAU

Galuschenko G. The problem of application of law of the countries with multiple legal systems

There are such cases when on the territory of  a foreign country referred to by the national legal norm, exist  several independent legal systems. This couses the problem of choosing one of them to settle the controversial private relations.
But there is still  no common point of view on the understanding of the category of "multiple legal systems." This complicates the use of this category in 2 ways: as an epistemological unit and as part of a legal norm. That’s why in this article we try to define the concept. If there is a several legal systems in a federal state, the federal structure of the state leads to not one but two separate conflict methodological problems. If several legal systems exist in countries where  isolated communities  are inhabited (India, Indonesia, etc.), it is quite rare and  can be seen as a contradiction to public policy. In such cases it’s necessary to  apply to the so-called interpersonal conflict rules of the State that set the right of community for the application. 
After all, the main purpose of conflict regulation stays  unchanged: to find an adequate substantive rule which should be used to solve the specific issues in private law relations complicated by a foreign element. 
It is difficult to agree with I.V. Eliseev, who notes that there is a multiplicity of legal systems in those countries with the dualism of private law, in which along with civil law exists commercial law  and regulates relations with entrepreneurs.  
Let’s apply to the provisions of the general theory of law to determine this concept, as the common understanding of the category of "multiplicity of legal systems" in science does not exist. According to S.S. Alexeev, the legal system of each country is "a concrete historical social reality, which is closely connected with the complex relationships and interactions of other parts of the community: with certain economic relations, the state, morality, culture -  the full range of social institutions and values." The researcher marks out three levels in the national legal system: normative, functional and legal ideology. As the sub-systems of law are the right of public and privacy. 
Solutions of interregional conflicts may be in  developing  of the interregional conflict rules or substantive application method to overcome conflicts. This problematique  was the object of researching for  domestic and foreign scientists, who  tried to solve  interlocal conflicts. They were inclined to think that in this case it is necessary to apply to the conflict rules lexcausae. E. Barten proposes to solve law domestic conflicts as well as international one. Speaking about the definition “multiplicity of legal systems”, let’s give the legal system of China as an example. On the territory of that State there are law subsystems of provinces, autonomous regions and  municipalities. State structures in specified areas of "continental" China are empowered to adopt the legal acts in the sphere of private law.  So, in modern China there are subsystems of civil law legislation. But this is not the only specific of the legal system in China because of Hong Kong and Macao which  possess special legal status.
Background of the Special Administrative Region of China became the politic of China's government «one country, two systems". Its essence is the establishment in the land of China the special areas which were previously employed by the colonial powers. They have a high degree of autonomy in the sphere of domestic and international relations. For instance, Macao, as the last Portuguese colony, inherited legal traditions of this country. Or Hong Kong, in his turn, represents the island precedential law of the British Empire.  Thus, modern China is a good example of a country with a multiplicity of legal systems.
So, a country with a multiplicity of legal systems stands for the country in which there are separate legal educations, which have distinctive systems of law and independent jurisdictional authorities. The interaction between these legal entities is based on horizontal relationships.
Speaking about the foreign legislator in regulating issues of choice of law in a country with a multiplicity of legal systems, we can agree with  L.V. Tolstoy and trace the pattern that reference to the interlocal rules  of that State is traditionally done.
Keywords: international private law, the multiple of legal systems, interlokal norm, lex causae, application of the law, question of collision.