The evasion of law institute in private international law: overview of the perspective
Bibliographic description of the article for the citation:
Оксана Вартовнік. The evasion of law institute in private international law: overview of the perspective//Science online: International Scientific e-zine - 2020. - №12. - https://nauka-online.com/en/publications/yurisprudentsiya/2020/12/institut-obhoda-zakona-v-mezhdunarodnom-chastnom-prave-obzor-problematiki/
Annotation: The article analyzes some theoretical and practical problems of the place of the institution of law evasion in private international law. Particular attention is paid to the analysis of evasion of law institute from the standpoint of its relation with the requirements for committing transaction, grounds and consequences of transaction invalidity. Various approaches to definition of the concept of evasion of law, its features and the role it plays in the mechanism of regulation of private legal relations complicated by a foreign element are considered. Despite sufficient scientific work on the study of law evasion, in particular as a type of abuse of law, in private international law, science, unfortunately, has not developed general approaches to the place and importance of law evasion in the system of grounds for non-application of foreign law. In the context of active development and dissemination of private law relations, which are the subject of private international law, it is important to analyze the legal institution of law evasion in relation to the categories of "autonomy of will" and "choice of law". The relevance of the study, which was revealed in the article, due to the fact that in combination with freedom of movement, freedom of reason, contractual freedom and autonomy of will inherent in civil relations in general and regulated by private international law in particular, the requirement of mandatory and strict subordination of such relations uniform law (for example, citizenship or place of residence) looks like an anachronism nowadays. Thus, it is emphasized that the task of law evasion is to ensure the stability of private international law in the interaction of national legal systems, eliminating "disturbing" influences on the subsystem through agreements and other actions that reflect private interests to the detriment of the individual, society and state. The article provides for criticism of current definition of evasion of law, embodied in the Law of Ukraine «On Private International Law», from the standpoint of traditional concept of evasion of law and outlines suggestions for its improvement.