Troshchenko I. Unification of conflict rules in the sphere on non-contractual obligations in European Union and legislation of Ukraine.

Thesis is dedicated to the complex research of conflict rules, applicable to the collisions in the sphere of non-contractual obligations in European Union as well as the ways of improvement of the national legislation of Ukraine taking into consideration the experience of EU countries. The research was made of the non-contractual obligations system, the development of legal studies and the history of unification of choice of law rules in the sphere of non-contractual obligations as well as the preconditions for the adoption of the Rome II Regulation. The mechanism of conflict rules regulation and special choice of law rules adopted by Rome II Regulation, which is directly applicable. i.e. it has the advantage over national law and is of universal nature, is described. It has been established that the most widespread and traditional conflict rule applied in continental law countries to non-contractual obligations before the unification of choice-of-law rules in EU member states under the Rome II Regulation was the law of place where the delict was committed - lex loci delicti commissi. The competitive to the lex loci delicti commissi rule in European countries during numerous centuries became the law of court - lex fori, whose role has gradually increased since the twentieth century, as taking the national law system and the law of the country where the delict was committed into the account would allow to achieve the cumulative effect and resolve the matter with the maximum efficiency. It was developed that in connection with the adaptation of the legislation to the modern peculiarities of development of certain types of non-contractual obligations and the emergence of new types of such obligations, the following trends may be observed: 1) clarification of the choice-of-law formulas, in order to avoid their ambiguous application by courts, in particular, the law of the place where the harm was made, and not to the place where the offense was committed; 2) the derogation from the strict rule in favor of more flexible rules, in particular the principle of the closest connection, the autonomy of the will of the parties and of the already established law of the forum. Within the scope of the research the state of private international law rules in Ukraine as well as the practice of application of the current choice of law rules by Ukrainian courts is explored. As a result of comparative analysis of the state of choice of law regulation and practice of application of the conflict rules by the courts the recommendations on improvement of Ukrainian law were elaborated based on the Rome II Regulation. The scientific and practical significance of the research results is that the materials of the dissertation, the recommendations and conclusions formulated in the result of research can be the basis for further scientific researches of the institute of conflict law regulation of non-contractual obligations; in the work of drafting of laws for approximation of Ukrainian legislation with the EU legislation in the field of conflict regulation and in order to improve the legislative regulation of conflict law for non-contractual obligations in Ukrainian legislation.