Nikolaev I. The state of Ukraine as the participant of the international private law.

The dissertation is devoted to investigating the features of legal status of the state of Ukraine as a participant of the international private law. The special attention is given to the legal personality of the state of Ukraine as the participant of the international private law and its substantial elements (passive capacity and active capacity, where contractual capacity, transmissive capacity, noncommercial economic capacity, delictual capacity, testimonial capacity are marked out). The specificity of calling of Ukraine as the participant of the international private law to international civil law account is analyzed separately. The conception of solving the problem of state immunity in Ukraine (the theory of absolute and functional immunity) has received further development and additional argumentation. It is grounded that putting into the practice the theory of absolute and functional immunity in Ukraine doesn't favour the defense of its interests from actions of foreign courts that support the theory of functional immunity. It is suggested to ratify the European convention about immunity of states from 16.05.1972 (Basel) and bring the articles of legal acts of Ukraine into accord with principles of the theory of functional immunity. The dissertation contains concrete proposals for perfection of Ukrainian legislation, which regulates relations of the state of Ukraine as the participant of the international private law and determines its status as the participant of the international private relations.