PRINCIPLES AND APPROACHES TO THE DEVELOPMENT OF UKRAINIAN LEGISLATION ON PRIVATE INTERNATIONAL LAW IN THE LIGHT OF RECODIFICATION PROCESSES

Abstract

In the article the main principles and approaches to the development of Ukrainian legislation on private international law are defined, the use of which will allow the formation of a modern, holistic and adaptive model of private international law, capable of functioning effectively in the conditions of European integration, digitalization and the complication of private turnover. It has been established that an important factor in the modernization of the legislation of Ukraine on private international law, which involves streamlining the system of regulatory legal acts and current international treaties of Ukraine, as well as increasing the effectiveness of conflict of laws rules in relations with a foreign element, are modern international and European trends in the development of private international law and legislation, as well as the state of international unification of private law norms. It is substantiated that in the context of the recodification of the civil legislation of Ukraine, the consideration of international private law as an organic component of the private law system, which is reflected in the draft Civil Code of Ukraine (reg. No. 15150 dated April 9, 2026), is of important methodological importance for ensuring the unity of the conceptual apparatus, promoting the consistency of general and special norms, and extending the uniform principles of private law to international private law relations, in particular good faith, autonomy of will, legal certainty etc. It is concluded that in the light of the recodification processes, the main principles of the development of international private law, which determine its value and normative basis, should be the principles of: systematicity and internal consistency of international private law with the general system of private law; Europeanization of conflict of laws regulation; autonomy of will combined with appropriate limits of its exercise; balance of private and public interests, in particular through instruments of public order and superimperative norms; protection of the weak party in international private law relations; optimal ratio of legal certainty and flexibility of legal norms; materialization of conflict of laws norms; differentiation of legal regulation depending on the nature of international private law relations; adaptation to the conditions of digitalization of civil turnover.