Chernyak Y. The Institute of Jurisdiction in International Private Law in the European Union Countries and in Ukraine.

The thesis is devoted to theoretical research into legal nature, contents and comparative analysis of the institute of jurisdiction in the European Union (EU) countries and in Ukraine. Special attention is devoted to the case law of the ECJ in respect of the Brussels Convention 1968 interpretation. Current initiatives and proposals for revision of the EU and EAFT agreements that deal with jurisdiction are also investigated. In the third Chapter author thoroughly researches Ukrainian internal legislation and the current international agreements on jurisdiction in which Ukraine is a party. On the basis of the comparative analysis the author concludes that there are similarities and distinctions between the regulation of jurisdiction in the EU states and in Ukraine, considers the possible benefits for Ukrainian litigants if the Lugano Convention 1988 and international treaties, drafted by the Hague Conference on Private International Law, came into force with Ukraine as a party. The novelties of the Ukrainian Law from 23 June 2005 About International Private Law with regard to jurisdiction, its positive features and its defects are represented. Relevant proposals to improve legislation and practice taking into consideration international legal standards concerning jurisdiction have been formulated. The major improvements that should be implemented in the Ukrainian legislation in particular deal with clarification the rules on prorogation of jurisdiction and on lis pendens-related actions, definition of jurisdiction of proceedings concerned with consumer contracts, registration or validity of patents, trade marks, change of rules on jurisdiction in matters relating to transportation contracts, definition of jurisdiction in situations when a defendant has domicile in more than one state or is a person of dual nationality.