Main ways of private international law recodification in Ukraine

The article shows that the Ukrainian conflict-of-laws codification at the turn of the century (Law of Ukraine “On Private International Law”, 2005) facilitated the transition of the domestic private international law doctrine and practice to the theoretical platform of Western European countries and international organizations. By means of the principle, connecting factor and other facets of the closest connection, Ukrainian conflict of laws was actually rewritten anew. Currently it is characterized by high dispositivity, regulativity and flexibility. Nevertheless, the big changes in Ukraine and the world in economic, political and legal terms suggest further updating private international law codification in the following main ways: (i) strengthening the private-law grounds of conflict of laws; (ii) giving choice-of-law rules greater flexibility while maintaining their certainty; (iii)  further "materialization" of conflict of laws (its focus on the material result of a decision made in a particular case – material justice); (iv) clarifying of the unilateral approach for resolving the conflict issue. The author believes that an important task of the update is to bring the codification of private international law back to the structure of the Civil Code of Ukraine. The renewal of the private international law codification should be directed at its further "Europeanization" that will ensure more effective interaction of the Ukrainian legal system with the foreign ones and thus contribute to the development of international economic and other relations.

private international law reform, private-law codification, Law of Ukraine “On Private International Law”, conflict-of- laws rule, recodification of conflict of laws