The nature, content and application of “public order” in private international law

In this article I would like to focus on the study of such aspects of this problem as:nature, content and application of “public policy” in private international law. Given the current situation in Kazakhstani practice, it is obvious that the questions we have raised, especially the question of contradiction to public order, are more theoretical in nature and practical in nature for international private law. However, such a basis as contradiction to public order, in the question of public order arises when applying the norms of foreign law, when executing foreign arbitration and judicial decisions, and when providing legal assistance (for example, executing an assignment, carrying out procedural actions) to a foreign state. Despite this, the combination of words “public order” has not yet found a single precise, specific, most accurate definition reflecting its meaning.

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Publication Details

Journal
Eurasian Scientific Journal of Law
Published
2025-03-05
DOI
https://doi.org/10.46914/2959-4197-2024-1-3-58-67
Primary Topic
Conflict of Laws and Jurisdiction
Type
article
Field-Weighted Citation Impact
0.00
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article

The nature, content and application of “public order” in private international law

Salima A. Sarina
Eurasian Scientific Journal of Law
Conflict of Laws and Jurisdiction
article

The nature, content and application of “public order” in private international law

Salima A. Sarina
article en

Abstract

In this article I would like to focus on the study of such aspects of this problem as:nature, content and application of “public policy” in private international law. Given the current situation in Kazakhstani practice, it is obvious that the questions we have raised, especially the question of contradiction to public order, are more theoretical in nature and practical in nature for international private law. However, such a basis as contradiction to public order, in the question of public order arises when applying the norms of foreign law, when executing foreign arbitration and judicial decisions, and when providing legal assistance (for example, executing an assignment, carrying out procedural actions) to a foreign state. Despite this, the combination of words “public order” has not yet found a single precise, specific, most accurate definition reflecting its meaning.

Eurasian Scientific Journal of Law(3 (8))
Supreme Arbitration Court of the Russian Federation (RU)
Openalex Percentile: Top 95%
Conflict of Laws and Jurisdiction
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