СИНХРОНІЗАЦІЯ ЗАСТОСОВУВАНОГО ПРАВА ТА МІЖНАРОДНОЇ ЮРИСДИКЦІЇ У СПАДКОВИХ СПРАВАХ І СПРАВАХ ЩОДО МАЙНОВИХ ВІДНОСИН ПОДРУЖЖЯ В ЄС ТА УКРАЇНІ

Abstract

The purpose of this paper is to determine the ways of synchronization of applicable law with forum in succession and matrimonial property matters under the EU Succession Regulation and the EU Matrimonial Property Regulation and the rules which may determine international jurisdiction and applicable law in Ukraine as well as answer the question on whether the rules of the Law of Ukraine on Private International Law which ensure synchronization of applicable law with forum in succession and matrimonial property matters match the needs of legal regulation of private relationships. The application of comparative, dialectical and formal-logical methods allowed concluding that synchronization of the applicable law with forum is provided by using of the same criteria for the determination of international jurisdiction and applicable law. The rules which ensure synchronization can: 1) necessarily lead to the application of the court's own law in some private legal matters; 2) be an alternative to the other methods of determination of the applicable law and international jurisdiction which is applied if the parties to the respective relationship conclude the choiceof-law and choice-of-court agreements linking to the law and the court of the same state. Synchronization of the law with the forum in matrimonial property matters is possible under of the Law of Ukraine 'On Private International Law' if the spouses have concluded the choice-of-law and choice-of-court agreements and in some other cases. It has been proved that the rules of the Law of Ukraine 'On Private International Law' which apply dualistic approach for determination of the law governing succession relationships does not allow to achieve synchronization of the applicable law with the forum in succession matters in all cases. It has been demonstrated that the presence of immovable property in the estate located abroad leads to the application of a foreign law to the succession of such property, even if a deceased, being a citizen of Ukraine, has chosen in his will the law of Ukraine as the law applicable to the succession. It has been concluded that the Law of Ukraine 'On Private International Law' should be amended in such a way that the choice of the law applicable to the succession made by a deceased in the will should cover the succession of movable and immovable property regardless of its location. Keywords: synchronization of law with the forum; law applicable to succession; international jurisdiction in succession matters; international jurisdiction in family matters; Succession Regulation; Matrimonial Property Regulation; Agreement between Ukraine and the Republic of Poland on legal assistance and legal relations in civil and criminal matters; Law of Ukraine 'On Private International Law'.