Current issues of codification of private international law and international civil prosedure

The purpose of this article is to consider current trends of the recodification of private international law (PIL) over the past 10-15 years in different countries, especially European, to identify approaches grounded in various national acts of recodification of PIL, to determine the current state of codification in Ukraine, problematic issues facing the process of recodification of PIL at the present stage of development of the legal system of Ukraine. The latest national acts of codification of PIL studied in this article show the diversity of approaches underlying such codification in different countries, with both autonomous and branch approaches being applied equally. A significant attention is paid to the acts of international legal unification of certain institutions of the international civil proceeding adopted in the framework of the Hague Conference on Private International Law and the European Union. We considered a current state of codification of private international law in Ukraine, described the approach used therefor, and gave an assessment and identified advantages and disadvantages of such an approach. Scenarios under which the process of recodification and modernization of PIL in the context of the processes of recodification of civil law of Ukraine can take place are considered. There is a need to abandon the autonomous approach in the form embodied in the law of PIL, other acts, and move to the codification of PIL within a single act of private (civil) law with the inclusion of procedural rules and institutions therein. Special attention is paid to the codification of the international civil proceeding, modernization of some of its institutions in view of current trends, achievements of world and domestic science, and prospects for European integration. The state of regulation and proposals for the modernization of such institutions of international civil proceeding as the institute for the prevention of parallel proceedings and certain types of international jurisdiction are considered.

recodification, modernization, unification, jurisdiction, institute, act, convention