| Article title | Novelization of International Civil Procedure in the Context of Private Law Reform in Ukraine |
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| Authors |
Gennadii Tsirat
ORCID ID: https://orcid.org/0009-0003-0526-3248 g.tsirat@ukr.net
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| Journal name | Legal journal «Law of Ukraine» (Ukrainian version) |
| Journal issue | 4 / 2026 |
| Pages | 112 - 128 |
| ISSN (print) | 1026-9932 |
| ISSN (online) | 2310-323X |
| DOI | https://doi.org/10.33498/louu-2026-04-112 |
| Received | 01.04.2026 |
| Accepted | 08.05.2026 |
| Published | 15.05.2026 |
| Abstract | The article envisages current issues of reforming and novelizing international civil procedure within the framework of the general recodification of private law in Ukraine. The author analyzes the transition from an autonomous to a sectoral approach to codification, which entails the integration of private international law rules, particularly those governing international civil procedure, into the structure of a sole Civil Code of Ukraine. The article substantiates the feasibility and updating of the list of international civil procedure institutes to be regulated at the code level, including the procedural capacity and standing of foreign persons, international jurisdiction, and mechanisms for preventing parallel proceedings. Particular attention is paid to the revision of outdated approaches to determining the procedural status of foreigners by prioritizing their personal law (lex personalis). The problem of parallel proceedings (lis alibi pendens) is analyzed in detail, where the author proposes to move away from the principle of absolute decline of jurisdiction in favor of a foreign court, introducing instead broader judicial discretion, following the example of Switzerland. The author suggests significant changes to the rules of jurisdiction for Ukrainian courts, specifically regarding the branches of foreign companies based on their actual activities. Separately, the reform of the institute of state immunities is considered, proposing a transition from the doctrine of absolute immunity to functional immunity through the adoption of a special law. |
| Keywords | international jurisdiction; parallel proceedings; identical cases; civil procedural capacity and standing; foreign person; sovereign immunities; ground of jurisdiction (connecting factor) |
| References | |
| Electronic version | Download |