Civil code of Ukraine law of Ukraine on private International Law

Alternate Titles

• Law of Ukraine on Private International Law.

Description

"The Civil Code of Ukraine of 16 January 2003, which entered into force on 1 January 2004, replaced the Civil Code of the Ukrainian SSR of 18 July 1963, as amended. Although Ukraine has an exceptionally strong school of civilists, and the Civil Code amply reflects the achievements of that school, Ukraine is unique in having a strong school of economic lawyers, that is, jurists who favored the introduction of an Economic Code side by side with the Civil Code. Debate over what course of action to pursue delayed the introduction of a Civil Code in Ukraine for many years; an advanced draft had been published as early as 1996. Ultimately, Ukraine opted for a dual approach, and adopted a Civil Code and an Economic Code. They entered into force together and continue to operate in parallel. Unlike the Russian Federation and Kazakhstan, Ukraine did not introduce the 1991 Fundamental Principles of Civil Legislation of the USSR and Republics (adopted 31 May 1991) into force on the territory of Ukraine. The extent to which the failure to do so may have prejudiced foreign investment in Ukraine cannot be measured. Moreover, unlike Russia and Kazakhstan and a number of other Independent States, Ukraine adopted its Civil Code as a whole in a single step, rather than in a staged process in parts. This perhaps adds a dimension of cohesiveness to the Civil Code of Ukraine not always present in the codes adopted in stages. However, unlike many but not all other Independent States, Ukraine did not include in its Civil Code a chapter dealing with questions of private international law. On 23 June 2005 Ukraine adopted the Law of Ukraine on Private International Law, which entered into legal force from 1 September 2005. In Ukraine the relegation of these matters to a separate law was perhaps influenced by the dual codifications of civil and economic law, as the Law is of general application to relations arising under both codes"--P. [v].

Subjects