Year: 2025
Type: article
Abstract: The article highlights the problem of understa.nding the concept of «public order of Ukraine» in private international law through the prism of criminal law provision of protection of national interests by the provisions of the Criminal Code of Ukraine. The author analyzes the national legislation of Ukraine, international conventions, and certain acts of European Union law which regulate the basic principles of defining the concept of public order at the national level, as well as the legal positions of the Supreme Court which contain the standards of law enforcement interpretation of the relevant evaluative concept. It is concluded that in the context of Russia’s long-term war against Ukraine, it is advisable to change the judicial practice which was established before Russia’s full-scale invasion of Ukraine, according to which the legal situation and the obligations of Ukrainian companies to pay debts to Russian counterparties are not recognized as such which will lead to results incompatible with the Ukrainian public order. Based on the analysis of the criminal legislation of Ukraine, in particular, the purpose of the provision on aiding the aggressor state (Article 111-2 of the Criminal Code of Ukraine), the author concludes that the resolution of private law disputes by arbitration courts, in particular, the International Commercial Arbitration Court at the Ukrainian Chamber of Commerce and Industry, cannot contradict the national interests and, therefore, the public policy of Ukraine. Such a contradiction should be noted in the case when the relevant decision of the arbitration court from the city council representing the interests of the territorial community ruled to recover a significant amount of money in favor of a company registered in the territory of the aggressor state (occupying state), which continues to carry out business activities in the territory of the Russian Federation, which is officially recognized by such aggressor state (occupying state). This understanding of public order in private international law is the result of a systematic interpretation of the relevant rules and criminal law provisions, as well as judicial practice in the field of application of criminal law of Ukraine.
Author: Загиней-Заболотенко, З. А.
Institution: V.M. Koretsky Institute of State and Law
Language: English
Field: Social Sciences
Domain: Social Sciences
Open Access status: green
OpenAlex ID: W6997790073
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