Latynskyi M. Public Policy in Private International Law of Ukraine and in the EU Law

The dissertation is devoted to research and analysis of the main theoretical legal and practical problems of public policy in private international law of Ukraine and EU law, issues of interaction and harmonization of public policy of Ukraine and the EU, as well as the formulation of scientific conclusions and proposals for improving regulatory approaches, based on the analysis of legislative and doctrinal sources, judicial practice and modern foreign legal instruments. It is proposed to consider the concept of a public policy clause in a broad and narrow sense. Broadly, it is a rule of law that regulates relations complicated by a foreign element in the case when the application of foreign law or the execution of a foreign decision (judicial or arbitration) is contrary to the public policy of the country of the court; in the narrow sense, it is a set of methods of legal influence (legal instruments) provided by the relevant rule of law by means of which this rule of law allows to settle relations complicated by a foreign element in case of conflict of public policy with foreign law or court decision (arbitration award). It is proved that the criteria for determining (assessing) by a court or arbitration the consequences of the application of a foreign legal norm and establishing its «obvious incompatibility» with EU law are: 1) the presence of normative guidance at the level of EU acts 2) the affiliation of the disputed legal relations to the priority areas of private law, in relation to the regulation of which the rules of EU law will have the property of direct action (consumer protection, certain aspects of transport, energy law, etc.); 3) «external» to the European legal order nature of the applicable law – the law of a state that is not a member of the EU. It is concluded that in relation to the ratio of categories of public order of the EU and public policy of Ukraine there is a gradual convergence, approximation of the elements that make up the content of public policy in the Ukrainian legal system in relation to EU law. This is due both to belonging to a common space of legal values through accession to the Council of Europe and the application by national courts of the Convention for the Protection of Human Rights and Fundamental Freedoms of 1950 and the case law of the European Court of Human Rights.