THE CONFLICT-OF-LAWS ISSUES IN CONTRACTUAL OBLIGATIONS

The article is devoted to the study of conflict-of-law regulation of contractual obligations. The urgency of the study is due to the development of contractual relations with foreign elements due to the expansion of economic ties in the framework of Ukraine’s European integration. The author pays attention to the existence of a single conflict-of-law regulation of contractual obligations, which has developed as a result of the unification of private international law and the possibility of applying certain conflict of laws in the course of law enforcement practice. Emphasis is placed on the legal nature of contractual relations that fall under the scope of conflict-of-law regulation, as they must meet the characteristics of private law, given the presence in private international law of the principle of autonomy of will, which is common in choosing the law applicable to the relationship. It also describes the principle of the closest connection, which plays a dual role – and conflict of interest, and perhaps not a general but a special principle of private international law. The author during the analysis of the current legislation of Ukraine points to the existence of general and special conflict regulation of contractual obligations, namely the content of Article 43 of the Law of Ukraine «On Private International Law» defines the general model of conflict regulation, while Article 44 defines special. In the course of the study the following conclusions were made. In authors opinion, the approach to the conflict-of-law regulation of contractual obligations in the legislation of Ukraine today is quite reasonable, given the experience of the European Union to develop a single unified approach to the regulation of such relations. Granting the parties to a contractual relationship the right to choose the applicable law is in line with current trends in private international law, and also allows us to conclude that there is a special conflict of laws that adheres to the principle of autonomy and allows to take into account the interests of the parties.