Overriding Mandatory Rules in the European Union Private International Law and Private International Law of Ukraine
Privatinės teisės institutas / Institute of Private Law |
Licencinė sutartis Nr. MRU-EDT-732
The legal research is devoted to the category of overriding mandatory rules in the European Union private international law and private international law of Ukraine. The research covered the essence and place of overriding mandatory rules in private international law by analyzing doctrinal approaches and collating with the category of public order and jus cogens, comparing the current state of the approaches to the legislative consolidation, discovering the fundamental features, analyzing the judicial practice of the European Union and Ukraine. The relevance of the research is justified by the interests of international agents, in particular, the course of Ukraine to join the EU, which directly affects the prospects for the unification of legislation in the field of overriding mandatory provisions in Ukraine. The research highlighted the optimal approach towards defining overriding mandatory provisions, demonstrated the vision of overriding mandatory rules in the EU, emphasized the importance of the ECJ for determining and applying overriding mandatory rules, and provided the recommendations in regard to the legislative consolidation of the category of overriding mandatory rules and related law enforcement practices in Ukraine.