Modern problems of international private law

Abstract

This article reveals the conceptual problems of the development of private international law at the current stage. In connection with the fundamental reform of Ukrainian legislation in many different spheres of our existence, changes in private law are also taking place today, especially against the background of the acquisition of the EU candidacy. Any democratic state strives for cooperation, first of all, in the field of simplifying the mechanism for realizing the rights and freedoms of its citizens, as well as the observance of universal values. The most pressing issue is that each state has its own legal system. Effective mechanisms for the implementation of material legal and conflict of laws norms have been formed. Most norms are codified transformation. The very name of the field – «private international law» and its legal nature – causes certain discussions. The main approaches to its definition are as follows: as a private legal branch of national law, as a component of international public law, or as supranational law. The development of international private law is influenced by: a) internationalization of economic life; b) a sharp increase in population migration as a result of wars, various conflicts, political and national reasons, as well as for the purpose of employment and education; c) scientific and technical progress, which makes possible the transnational use of information data, achievements of science, technology and culture. Private legal relations are not only property and personal non-property relations covered by civil law (property, intellectual property, obligations, including delict, inheritance), but also relations regulated by the rules of economic (commercial), family, labor and procedural law in their private law aspect. Today there is a problem of competition between various international organizations. It needs an urgent solution by defining the goals and principles of work of each of them, or creating a single international organization for the unification of norms of private international law. Rules of unification can potentially reduce opportunities for competition between legal systems. This reduces the variability of experiments on the way to solving this issue. Mutually agreed decisions and the conclusion of unifying agreements are the optimal way to improve legislation in the field of international private relations. The role of international organizations, which are engaged in the unification of norms of international private law, is of decisive importance for the internationalization of legal regulation.