scholarly journals European integration processes аnd private international law: certain aspects

Author(s):  
Ernest Gramatskiy

Certain aspects, the meaning and relationship between adaptation of the private legislation of Ukraine to the requirements of theEuropean Community and private international law are analyzed in the article. The above mentioned phenomena are explored in thelight of the active integration of Ukraine into European and world space, which at the same time explains the stage of fundamentalchanges in the national system of private law.Special attention is paid to the provisions of the Association Agreement between Ukraine and the European Union dated June 27,2014, which became the basis for deepening the processes of democratization and liberalization in all spheres of life, including thesphere of regulation of private law relations complicated by a foreign element – the legal relations that make up the subject matter ofinternational private law.The concept, features and legal aim of adaptation in law in the context of European integration changes were the subject todetailed analysis. Various approaches of scientists in terms of characterization of this concept are analyzed. It is indicated that the adaptationof the national legislation of Ukraine to the legislation of the European Union is a long and multi-stage process, the plan of whichis enshrined at the level of international treaties, including the Association Agreement between Ukraine and the European Union of June27, 2014. Particular attention is paid to the analysis of the provisions of the Association Agreement, which are directly devoted to internationalprivate law and legal relations which make up its subject matter.Special attention is paid to the issue of intellectual property law and its regulation under current legislation of Ukraine and AssociationAgreement between Ukraine and the European Union. Certain aspects referring trademark regulation are analyzed. Judicial practiceof the national court of Ukraine has been taken into account as well.It is crucial to stress that European integration processes have their direct impact on private international law system and its me -cha nism of legal regulation.

Author(s):  
Ernest Gramatskiy

Certain aspects, the meaning and relationship between adaptation of the private legislation of Ukraine to the requirements of theEuropean Community and private international law are analyzed in the article. The above mentioned phenomena are explored in thelight of the active integration of Ukraine into European and world space, which at the same time explains the stage of fundamentalchanges in the national system of private law.Special attention is paid to the provisions of the Association Agreement between Ukraine and the European Union dated June 27,2014, which became the basis for deepening the processes of democratization and liberalization in all spheres of life, including thesphere of regulation of private law relations complicated by a foreign element – the legal relations that make up the subject matter ofinternational private law.The concept, features and legal aim of adaptation in law in the context of European integration changes were the subject todetailed analysis. Various approaches of scientists in terms of characterization of this concept are analyzed. It is indicated that the adaptationof the national legislation of Ukraine to the legislation of the European Union is a long and multi-stage process, the plan of whichis enshrined at the level of international treaties, including the Association Agreement between Ukraine and the European Union of June27, 2014. Particular attention is paid to the analysis of the provisions of the Association Agreement, which are directly devoted to internationalprivate law and legal relations which make up its subject matter.Special attention is paid to the issue of intellectual property law and its regulation under current legislation of Ukraine and AssociationAgreement between Ukraine and the European Union. Certain aspects referring trademark regulation are analyzed. Judicial practiceof the national court of Ukraine has been taken into account as well.It is crucial to stress that European integration processes have their direct impact on private international law system and its me -cha nism of legal regulation.


2006 ◽  
Vol 55 (4) ◽  
pp. 911-928 ◽  
Author(s):  
Richard Frimpong Oppong

Private international law deals with problems that arise when transactions or claims involve a foreign element. Such problems are most frequent in a setting that allows for the growth of international relationships, be they commercial or personal. Economic integration provides such a setting and allows for the free movement of persons, goods, services and capital across national boundaries. The facilitation of factor mobility resulting from economic integration and the concomitant growth in international relationships results in problems which call for resolution using the tools of private international law. An economic community cannot function solely on the basis of economic rules; attention must also be paid to the rules for settling cross-border disputes. Consequently, considerable attention is given to the subject within the European Union (EU)1 and other economic communities.2


Author(s):  
Ernest Gramatskiy

Nowadays the processes of democratization, liberalization, integration of Ukraine into European and world space take place. Theundisputed significance for these processes is the signing of the Association Agreement between Ukraine and the European Union. Thus, the rapprochement of Ukraine with the European community, which has taken place in recent years, affects the sphere of private law relations,which are complicated by a foreign element – the legal relations that make up the subject matter of international private law.Having analyzed current doctrine of international private law, the author can conclude that nowadays researchers are paying moreattention to a deep understanding and study of the general provisions of this branch of law rather than to analysis of individual sub-sectorsand institutes of private international law.Nowadays recodification of civil legislation is taking place in Ukraine. The main reason for the recodification of civil legislationis to increase legal certainty as a component of the rule of law. Legal certainty demonstrates an ability of legislation to satisfy the needsof the subjects of law in the respective benefits.At the same time some specific issues related to the recodification of civil legislation and its link with private international lawhave not been the subject to scientific research. In our opinion, these issues deserve special attention, as they make it possible to analyzenot only the current state of private international relations, but also to forecast the prospects and changes in the field of private international law. One aspect that is worth to be discussed is the consolidation of the private international law system of principles.The analysis of scientific points of private international law doctrine representatives gives grounds to conclude that there is currentlyno universal approach to understanding the system of principles of private international law. Neither private international lawlegislation, nor scientific approaches give clear vision of the system of principles of private international law.It is crucial to stress that recodification of civil legislation in Ukraine has its direct impact on private international law systemand its mechanism of legal regulations.


Author(s):  
Miroslav Slašťan

Within the context of the subject of the Private International Law Section, the contribution identifies selected recent judgments of the Court of Justice of the European Union, which indicate further developments in this area of law. The contribution will focus on the provisions for determining international jurisdiction as well as the recognition and enforcement of foreign decisions.


2004 ◽  
Vol 76 (9) ◽  
pp. 106-116
Author(s):  
Tamas Korhecz

The subject of the study above, is the relation between the legislation, the normative system of the European Union and European and other states, with or without membership in European Union, especially in the field of international private law. The author, as visiting professor of International Private Law Faculty of law in Szeged, Hungary, with his short presentation of some legal institutes of international private law, comparing the legislation and the case law of the European Unions and European Court and international private law in general with signed and ratified Conventions, Agreements and Contracts of European and non European states, with and without membership in European Union, trying to make conclusions and to point out the problem of the hierarchy of this law in its application.


Author(s):  
Oleksandr Malashko ◽  
◽  
Serhii Yesimov ◽  

The article examines trends in the development of legal regulation of information security in Ukraine in the context of the implementation of the Association Agreement between Ukraine and the European Union. The current information legislation and regulations on information security are analyzed. The tendencies in the legal regulation of information security that took place at the initial stage of the formation of information legislation are revealed. Based on the factors that took place before the adoption of the Doctrine of information security of Ukraine, the laws of Ukraine “On the basic principles of ensuring the cybersecurity of Ukraine”, “On the national security of Ukraine”, in the context of the current legislation, based on the methodology of legal forecasting, it is concluded that in the future the development of normative legal information security will be developed on the basis of by-laws, mainly at the departmental level.


2021 ◽  
Author(s):  
Maistro S. ◽  
Kropyvnytskyi V. ◽  
Krykhtina Yu. ◽  
Treskov A.

The article describes the peculiarities of the formation and implementation of state policy for the development of various branches and spheres in the context of European integration of Ukraine. The degree of effectiveness of the Association Agreement between Ukraine and the European Union in various branches and spheres has been determined. The problematic aspects and contradictions of the state policy of development of various branches and spheres in the context of the implementation of the Association Agreement are highlighted. The ways of transformation of the state policy of development of various branches and spheres in the conditions of European integration of Ukraine are determined.


2020 ◽  
Vol 3 ◽  
pp. 122-128
Author(s):  
Mykola Lazarenko

Systematization of private international law in Ukraine and foreign countries: present state and tendencies.The article deals with the comparative legal analysis of the systematization of the statutory provisions of private international law in the countries of the European Union and some countries of the former Soviet Union. The main arguments regarding different approaches to the systematization of private international law in Ukraine are outlined, as well as the main directions and tendencies of the codification processes of legislation in this area.


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