CHARACTERISTICS OF SUBJECTS OF PRIVATE INTERNATIONAL LAW: CRITERIA FOR RECOGNITION OF THE FUNCTIONAL LEGAL ENTITY OF TRANSNATIONAL COMPANIES

Abstract

The article is devoted to the study of the peculiarities of subjects of international private law, namely transnational companies. Attempts to regulate the activities of transnational companies are carried out both by individual states and groups of states or through international organizations. The general provision is the principle enshrined in the Charter of Economic Rights and Responsibilities of States, despite the fact that transnational companies have an international nature of activity, are legal entities, but the procedure for their creation and activity is regulated by the national legislation of each country. The article defines the essence of the peculiarities of the subjects of private international law in general, namely, it is established that they are characterized by a certain type of legal personality. Also, in relation to transnational companies, the legal nature of international agreements concluded between states and transnational corporations was investigated. The author states that the representatives of transnational companies are - enterprises that were created in accordance with the procedure provided by the legislation of a certain state; those that produce goods or provide separate services; those that carry out their activities outside the country of their main place. In addition, transnational companies have international contractual legal capacity, while others, on the contrary, emphasize the opposite statement that they have such legal capacity. The main problematic aspects of determining the international legal personality of transnational companies include: firstly, the absence of a unified view of scientists on the concept and content of "international legal personality", secondly, the legal definition of the term "transnational corporation", as in the international, as well as national legislations, which, in turn, does not provide an opportunity to know the legal nature of this subject and to unanimously attribute it to the circle of subjects of international or national law.