The article examines the problematic points pertaining to the establishment of the content of foreign law provisions in court proceedings.

The purpose of the article is to theoretically comprehend and systematically study international-law and domestic aspects present in regulating the establishment of the foreign law content; and to analyze which ways are enshrined in Ukrainian legislation for establishing the content of foreign law provisions in terms of their pros and cons, and also to outline the proposals for their improvement. In particular, the author analyzes the provisions of international legal acts (the European Convention on Information on Foreign Law) and domestic legal acts and regulations of different countries which regulate the specifics of establishing the foreign law content to be applied in a particular case. Besides, the author examines legislation of various States depending on whether foreign law is defined in their legal systems as “law” (Estonia, Germany, Romania, Austria, Bulgaria, Hungary, Italy, Belgium, France), as “fact” (United Kingdom, Ireland, Malta, Luxembourg, Spain), as well as the States which adhere to the hybrid nature of foreign law (Latvia, Lithuania, the Netherlands). The emphasis is made on the methods of establishing the foreign law content in the exercise of justice by courts of the mentioned countries (inquiries from a court of law to the Minister of Justice or Minister of Foreign Affairs, examination of witnesses, involvement of experts and submission of expert reports, inquiries from a court of law to foreign lawyers, etc.).

It is concluded that the ways, by which the foreign law content may be established, depend on foreign law’s legal nature adhered to in a particular country. The author notes that Ukraine belongs to the States upholding the legal concept of foreign law. Having analyzed domestic legislation, the following methods for establishing the foreign law content are identified: to request the Ministry of Justice of Ukraine forinformation about substantive law of a particular foreign State which should be applied for resolving a court dispute; to engage an expert in law; documents provided by parties to a dispute which confirm the content of a foreign State’s provisions of law which they refer to as substantiation of their claims or objections. Furthermore, scholars additionally distinguish the following methods: contacting the Chamber of Commerce and Industry of Ukraine, opinions of foreign lawyers, questioning foreign law specialists from among lawyers and any experts as witnesses, contacting scientific institutions, and so on.

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