LAW OF UKRAINE

of June 23, 2005 No. 2709-IV

About private international law

This Law establishes procedure for settlement of the private-law relations which at least by means of one of the elements are connected with one or several laws and order, others, than the Ukrainian law and order.

Section I General provisions

Article 1. Determination of terms

1. For the purposes of this Law terms are used in the following value:

1) the private-law relations - the relations which are based on the principles of legal equality, free declaration of will, property independence which subjects are physical persons and legal entities;

2) foreign element - the sign characterizing the private-law relations which are governed by this Law and are shown in one or several of the following forms:

at least one participant of legal relationship is citizen of Ukraine who lives outside Ukraine the foreigner, the stateless person or the foreign legal entity;

object of legal relationship is in the territory of foreign state;

the dispositive fact which creates changes or stops legal relationship took or takes place in the territory of foreign state;

3) conflict regulation - regulation what determining the right of the state is subject to application to legal relationship with foreign element;

4) the choice of the right - the right of participants of legal relationship to determine what right of the state is subject to application to legal relationship with foreign element;

5) autonomy of will - the principle according to which participants of legal relationship with foreign element can perform the choice of the right which is subject to application to the corresponding legal relationship;

6) legal qualification - determination of the right which is subject to application to legal relationship with foreign element;

7) the return sending - repeated sending of the conflict rule of law of foreign state to law and order of the state which conflict regulation sent to this foreign law and order;

8) sending to the right of the third state - sending of the conflict rule of law of foreign state determined according to this Law to the right of the third state;

9) law bypass - application to legal relationship with foreign element of the right of other, than the right provided by the corresponding zakondatelstvo;

10) recognition of the foreign judgment - distribution of legal force of the foreign judgment on the territory of Ukraine according to the procedure, established by the law;

11) the international treaty of Ukraine - the existing international treaty of Ukraine which consent to be bound is this the Verkhovna Rada of Ukraine.

Article 2. Scope of the Law

1. This Law is applied to the following questions arising in the sphere of the private-law relations with foreign element:

1) determination of the applied right;

2) standing in court and capacity to act of foreigners, stateless persons and foreign legal entities;

3) cognizance to courts of Ukraine of cases with foreign element;

4) execution of court orders;

5) recognition and execution in Ukraine of foreign judgements.

Article 3. International agreements of Ukraine

1. If the international treaty of Ukraine provides other rules, than established by this Law rules of this international treaty are applied.

Article 4. Determination of the right which is subject to application to the private-law relations with foreign element

1. The right which is subject to application to the private-law relations with foreign element is determined according to conflict-of-laws rules and other provisions of law of conflict of this Law, other laws, international treaties of Ukraine.

2. If according to part one of this Article it is impossible to determine the right which is subject to application the right having more close connection with the private-law relations is applied.

3. The right as exception determined according to part one of this Article, is not applied if on all circumstances of legal relationship have insignificant communication with certain right and have more close connection with other right. This provision is not applied if the parties (party) performed the choice of the right according to part one of this Article.

4. Rules of this Law on determination of the right which is subject to application by court extend to other bodies having powers to resolve issue of the right which is subject to application.

5. Determination of the right which is subject to application to the private-law relations based on conflict-of-laws rules is not performed if the international treaty of Ukraine provides application to the corresponding relations of substantive law rules.

Article 4-1. Choice of court

1. Participants of the private-law relations with foreign element can sign the agreement on the choice of court which to determine cognizance to courts of certain state to either one or several specific courts of certain state of cases in disputes which arose or can arise between them in connection with such legal relations.

2. The agreement on the choice of court is signed in writing, irrespective of the place of its conclusion. The agreement on the choice of court which elects court of Ukraine consists in writing according to the Law of Ukraine.

3. The agreement on the choice of court cannot provide change of exclusive jurisdiction of the case with foreign element to courts of Ukraine.

4. Invalidity of the agreement which component is the agreement on the choice of court does not involve invalidity of the agreement on the choice of court.

Article 5. Autonomy of will

1. In the cases provided by the law, participants (participant) of legal relationship can independently perform the choice of the right which is subject to application to content of legal relations.

2. The choice of the right according to part one of this Article shall be obviously expressed or follow directly from the actions of the parties of the transaction, terms of transaction or the facts of the case considered in their set if other is not provided by the law.

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