Vitalii SVITOVYI, Ukraine
PROJECT: Implementation of the EU-Ukraine Association Agreement (Judicial Cooperation in Civil and Commercial Matters / Cross-Border Insolvency)

Interested in private international and contact law, Vitalii is working towards legal harmonization of national legislation of EaP countries to acquis communautaire. After completing the fellowship, he continued his research activities as a Blue Book Trainee at the European Commission, at the Directorate-General for Justice and Consumers, Civil Justice Unit. Currently, Vitalii is a Legal and Regulatory Consultant at DRS – International Legal Service provider company. He is a member of the Professional Government Association of Ukraine and an active participant of various international academic conferences.

Vitalii holds a double Master’s degree from the University of Dundee (LL.M Comparative and Private International Law) and University of Toulouse (Master in European and International Law).

“This fellowship assisted me to enhance my academic interests ignited during my Master’s studies. Through the research, I improved my competence in the European and Ukrainian legislation and studied the Association Agreement from different perspectives. This experience was a breakthrough in my career, as it opened traineeship opportunities in the European Commission, where I further reinvigorated my professional skills. Working alongside the researchers and policy-makers from different countries helped me view the systems and legislations from different perspectives and generate a common approach to the development of national legislation across the EaP countries.”– Vitalii SVITOVYI

Implementation of the EU-Ukraine Association Agreement (Judicial Cooperation in Civil and Commercial Matters / Cross-Border Insolvency)

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)’:

Fellowship Programs 2017
Country Ukraine
Areas of Interest Awareness raising
Watchdog
Topics Democratic participation
Judiciary & legal system
Project duration November 2017 - January 2018

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