Reform of Private International Law in the Republic Uzbekistan

Abstract

In 2019, the Concept of Improving Civil Legislation was adopted in the Republic of Uzbekistan, according to which the process of modernization of the current Civil Code has begun. As part of this process, the reform of Private International Law is also being carried out. Developed a draft of Section VI of the Civil Code of the Republic of Uzbekistan “Application of the norms of Private International Law (conflict of laws norms) to private law relations”, which provides for a radical revision of the rules for choosing the law applicable to private relations related to foreign legal order. The article analyzes the most significant changes that are planned to be made to Chapter 62 “General Provisions” using comparative legal, dialectical and formal-logical methods. Among the most important novelties are: 1) establishing the priority of a unified substantive (direct) method of regulating relations in the sphere of Private International Law; 2) formulation of an independent norm “The basic principles of Private International Law”; 3) positioning the autonomy of will of the parties as an independent principle of Private International Law; 4) expansion of the possibility of extraterritorial application of foreign law in Uzbekistan or in its separate territories; 5) correction of the public policy clause; 6) development of a model of subsidiary reference for the application of the law of a country with a plurality of legal systems. All the changes proposed in the Draft radically transform the current regulation. If these changes are adopted, Uzbekistan will receive legally qualified, doctrinally sound and relevant legislation on Private International Law. At the same time, there are a number of issues that have not been reflected in the Draft or have not undergone the necessary innovations. In particular, it seems necessary: 1) to clarify the concept of “foreign element”; 2) to develop and legally consolidate a glossary of basic concepts and terms; 3) to update the regulation of such institutions as “legal qualification”, “establishment of the content of foreign law”, “renvoi”; 4) to elaborate independent normative regulation of adaptation problems, mobile conflict, preliminary and secondary conflict issues. The article concludes that, in general, the model of conflict of laws regulation proposed takes into account the main current trends in the development of Private International Law and contains quite flexible, but at the same time quite definite and predictable rules for choosing the applicable law that correspond to the legitimate expectations of the parties.