Mysyshyn A. Recognition and enforcement of judgments of foreign jurisdictional bodies in the context of Ukraine's integration into the European Union

Українська версія

Thesis for the degree of Doctor of Philosophy (PhD)

State registration number

0821U101858

Applicant for

Specialization

  • 081 - Право. Право

16-06-2021

Specialized Academic Board

ДФ 35.051.022

Ivan Franko National University of Lviv

Essay

The dissertation is devoted to the analysis of the issue of recognition and enforcement of judgments of foreign jurisdictional bodies in the context of Ukraine's integration into the European Union. The relevance of the research topic arises from the necessity to harmonize Ukrainian legislation with EU law. The dissertation examines the essential differences and distinguishes between the concept of the legal nature of the recognition and enforcement of foreign judgments and international commercial arbitration awards, as well as looks over sources of legal regulation of recognition and enforcement of foreign jurisdictional bodies, and proposes the author's concept of the recognition and enforcement of judgments of foreign jurisdictional bodies. Based on a detailed analysis of legislation and case study, it is proposed to supplement the grounds for refusing an application for permission to enforce a foreign judgment and apply amendments to the Civil Procedural Code of Ukraine. The dissertation suggests amending the Commercial Procedural Code of Ukraine on the interim measures. It is also proposed to implement an information and telecommunication system in Ukraine, which aims to improve the functioning of the court and accelerate the submission of documents relating to the enforcement of decisions of foreign courts and awards of international commercial arbitration.

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