Article 7(2) CC RF also stipulates that if an international treaty of the Russian Federation has established rules other than those provided by civil legislation, the rules of the international treaty shall apply.
The general rule is that provisions in an international agreement itself should determine whether to apply CC RF provisions instead of those formulated in the international agreement, or whether to apply the CC RF as a subsidiary statute when the international agreement contains gaps and when Russian legislation is the governing law.
Check Questions
What is the legal status of international agreements under Russian law?
What law shall apply if an international treaty of the Russian Federation has established rules other than those provided by civil legislation?
In relation to the 1980 Vienna Convention, if an international contract of sale falls under its sphere of operation, the application of national civil legislation is permitted if the parties excluded the application of the 1980 Vienna Convention in full or in part or derogated from any of its provisions. According to article 6 of the Vienna Convention "the parties may exclude the application of this Convention or, subject to article 12, derogate from or vary the effect of any of its provisions". It follows from this that the 1980 Vienna Convention is dispositive in character.
It should also be noted that when matters governed by the 1980 Vienna Convention are not expressly settled and cannot be settled in conformity with the general principles on which the 1980 Vienna Convention is based, these matters are subject to applicable Russian civil legislation. This is how article 7(2) of the 1980 Vienna Convention runs: "Questions concerning matters governed by this Convention which are not expressly settled in it are to be settled in conformity with the general principles on which it is based or, in the absence of such principles, in conformity with the law applicable by virtue of the rules of private international law".