The project studied the implementation of the EU-Ukraine Association Agreement from the perspective of Judicial Cooperation in Civil and Commercial Justice and Cross-Border Insolvency. The project was divided into two parts. In the first phase of the fellowship, Vitalii analyzed legislative acts regarding private international law (PIL) in Ukraine and the European Union. Then, he compared the legislation and explored changes in different areas, such as jurisdiction and choice of law over consumer and individual employment contracts, the establishment of non-state law, determination of the law applicable, “Avoidance of the Law” and overriding mandatory rules as restrictions for the law applicable to a contract. In the second phase of the project, he studied the Insolvency Recast Regulation of the European Union. In parallel, he researched Ukrainian legal acts focusing on the areas of bankruptcy procedures, the appointment of the main insolvency practitioner and synthetic secondary insolvency in Ukrainian realities.
The project produced two academic documents. The first paper explores the potentials of the Ukrainian legal system and its harmonization towards the European legislation, in particular, in the private international law and cross-border insolvency law. The second document provides throughout research and analysis of private international law and insolvency legislation in Ukraine and the European Union. As the research deliverable, Vitalii created concrete proposals on harmonizing the European Law in these two areas. Additionally, he reviewed the compliance of Ukrainian rules with the Recast Insolvency Regulation of the European Union. Due to the vague Ukrainian bankruptcy legislation, foreign investors tend to be skeptical about the security of their assets. The research also explored the above issue and produced relevant expertise.
Research paper ‘The implementation of Association Agreement: adaptation of Ukrainian laws to EU legislation (judicial cooperation in civil and commercial matters: contractual obligations)’:
Research paper ‘The implementation of Association Agreement: adaptation of Ukrainian laws to EU legislation (judicial cooperation in civil and commercial matters: cross-border insolvency)’: