This dissertation is the first paper in the Ukrainian legal literature devoted to researching issues related to restriction of application of conflict-of-law rules in private international law by the following legal remedies: public policy clause, overriding mandatory rules, evasion of law. The first section of the dissertation covers in general the conflict-of-law method of regulation of private international relations, its peculiarities and way of interaction with the substantive method. Particular attention is given to legal grounds for authorizing application of foreign law within the national jurisdiction of the place of forum. Further the author proceeds with analyzing the way of application of conflict-of-law-rules, their legal nature and functions. It is proven that conflict-of-law rules are lacking normativity and formal certainty so that they may refer to substantive rules of any legal system of the world and may cause prejudice to systemacity of law of the forum. Therefore, private international law must possess appropriate means for restricting conflict-of-law rules, such as public policy clause, overriding mandatory rules and evasion of law. The second section deals with public policy clause as one of the most common principles in private international law. It covers preconditions for evolving of the very principle, its legal nature, legal terms and consequences of its application. Public policy is proposed to be understood as an evaluative notion covering legal principles and rules, directed at establishing and ensuring social values, underlying the organization of society and the state. Based on theoretical studies of different scholars as well as relevant court practice of different states the author proposes a list of elements composing the content of Ukrainian public policy, including but not limited to (1) basic legal principles and rules, embodied in constitutional and private law, (2) principles and rules of international law being of binding force for Ukraine. Furthermore, moral standards of the society may form a subsidiary element of public policy. In addition, it is proven that in the sphere of recognition and enforcement of international arbitral awards and/or foreign court judgments and/or setting aside international arbitration awards public policy clause has the same attenuated effect as in the field of private international law. The third section concerns one of the latest legal remedies emerged in private international law - overriding mandatory rules. Those are analysed by way of establishing their legal nature, mode of application, interaction with conflict-of-law-rules and competent foreign law. It is summarized that overriding mandatory rules possess two specific characteristics: 1) immediate application to relevant legal relations irrespective of the content of competent conflict-of-law rules, and 2) essential importance of such rules for the forum state. The following classification of overriding mandatory rules in Ukraine is proposed: 1) overriding mandatory rules determined as such by the law-maker; 2) rules possessing exclusive territorial and/or personal scope of application; 3) overriding mandatory rules subject to respective qualification by law enforcement bodies based on their purpose. On the basis of comparative analysis between overriding mandatory rules and public policy clause it is concluded that in private international rules these legal institutes are separate and independent, whereas in the field of recognition and enforcement of international arbitral award and/or foreign court judgments and/or setting aside international arbitral awards overriding mandatory rules obtain protection via public policy clause. Ukrainian law provides for application of both forum and foreign overriding mandatory rules. Noteworthy, while application of overriding mandatory rules of the forum is obligatory for the latter, application of foreign overriding mandatory rules is discretional. The forth section covers evasion of law in private international law. This concept has been analysed in its historical development taking recourse to the same concept in civil law. It is established that in Ukrainian private international law evasion of law is not possible in the sphere of autonomy of will. Evasion of law in private international law takes place when: 1) actions performed are directed at amending legal connection of relations with the law of a competent state; and 2) such actions are deliberate and wilful. It is proven that prohibition on evasion of law in private international law of Ukraine does not perform effective legal regulation, its aimes are ensured by other legal remedies within the same legal field: public policy clause, overriding mandatory rules and unilateral conflict-of-law rules. Hence it is offered to revoke this legal institute by way of cancelling par. 9 of part 1 of Art. 1 as well as Art. 10 of the Law of Ukraine "On International Private Law" as well as amending Art. 43 thereof accordingly.
