Recodification and private international law: to the issue of principles

Abstract

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.