DIRECTIONS OF DEVELOPMENT OF LEGISLATION ON INTERNATIONAL PRIVATE LAW IN THE CONTEXT OF UPDATE OF THE CIVIL CODE OF UKRAINE

Abstract

In the article the main directions of modernization of the legislation on international private law are defined, the implementation of which will ensure the process of quantitative and qualitative changes in the interconnected and ordered system of regulatory legal acts of Ukraine and current international treaties, as well as increasing the effectiveness of conflict of laws rules in relations with a foreign element.It has been established that the need to ensure the conceptual integrity and consistency of private law legislation, and to create preconditions for more consistent and predictable law enforcement in cases complicated by a foreign element, necessitates the inclusion of provisions on international private law in the Civil Code of Ukraine as a separate final book, the eighth, which will ensure the unity and logic of closely related legal arrays and provide significant law enforcement advantages.It is substantiated that there is a pressing need to introduce more progressive regulation of the key principle of international private law – the principle of “autonomy of will”, improvement of the tools for balancing between legal certainty and the flexibility of conflict-of-laws rules, more effective use of the principle of “closest connection,” as well as the development of a single- vector approach to resolving conflict-of-laws issues, necessitated by the legislative establishment of imperative rules. An important component of conceptual changes is to fill gaps and enhance the effectiveness of conflict-of-laws rules in relations with a foreign element in certain areas of private law relations, taking into account contemporary international and European trends in the development of international private law.It is concluded that the modernization of the Ukrainian legislation on international private law is aimed at its systematization and improvement of the legal regulation of private law relations with a foreign element, adaptation of legislation to today’s realities, which are dictated by modern European approaches based on the principles of the rule of law, protection of human rights and fundamental freedoms, dispositivity, etc.