The main functions of the principle of the closest connection on the example of various legal acts
The introduction indicates the subject of the study - flexible regulation in the science of private international law. The object of the research is the principle of the closest connection in the conflict of laws regulation of relations complicated by a foreign element. The purpose of the research is to identify the main functions of the principles of closest connection. In the main part of the work, on the basis of comparative legal methodology, the main approaches of the legislators of different legal systems to the principle of the closest connection in the aspect of their functions are analyzed. Attention is paid to various forms of consolidation of this principle. The main functions of the principle of the closest connection in the domestic legislation are defined. The tasks of the principle of the closest connection within the framework of its functions are affected. In the conclusion, it is pointed that, depending on the legal system, the scope of functions and tasks performed by the principle of the closest connection is different. The study of domestic legislation allows us to conclude about the immanent presence of the principle of the closest connection in the domestic legal system, subject to a broad interpretation of the rules of law enshrined in civil law. It is identified three functions of the principle of the closest connection, in domestic law two of them are implemented, which corresponds to the general trends in the development of private international law. Conclusions are important for the domestic legislator and law enforcer, and also show the need for the normative consolidation of the principle of the closest connection in the legislation of the Republic of Belarus. It is concluded that the doctrinal development of this methodology for determining the applicable law used in legal relations with a foreign element should be continued to develop a conceptual and terminological framework for the principle of the closest connection and its constituent elements.