ЗАСОБИ ВИРІШЕННЯ СПЕЦИФІЧНИХ КОЛІЗІЙ У МІЖНАРОДНОМУ ПРИВАТНОМУ ПРАВІ

Анотація

The research is focused on methods for resolving specific conflicts of international private law based, in the first place, on normative (legislative) mechanisms available in this field. Conflict of law situations related to the hierarchy of legislative enactments, their retrospective effects, discrepancies between laws adopted by different political subdivisions and personal legal orders may arise almost in any country or affect interests of its citizens when they are abroad.
The hierarchy and retrospective effects of laws are treated as general applicability of rules of law and are essential issues for the international private law, an institution regulating the application of domestic and international laws, to handle. These issues may not be ignored under any circumstances when certain legislation related to the international private law shall be elaborated.
As far as interlocal and interpersonal conflicts of law are concerned, either theoretic or practical developments for their resolution are traced to the following core issue: whether classical conflict of law principles shall be applicable by analogy or dedicated conflict of law principles shall be developed. Theoretically, the classical conflict of law principles may be applied by analogy if it is an interlocal conflict, but their applicability has its specifics. It is deemed inappropriate to apply general rules of reference, qualification, public order, etc. to such conflicts. Adirect indication to such effect shall be made in legislative enactments.
As far as interpersonal conflicts are concerned, their resolution is most likely to be found in codification of substantive personal law rather than elaboration of dedicated conflict of law rules (though an empirical conflict of law criterion exists in this field), which codification shall facilitate to uniform the law enforcement in relation to interpersonal conflicts and to treat respective jurisdictional disputes. Most of interpersonal conflicts of law are regulated by reference to substantive and procedural law rules rather than to conflict of law regulations.