Application of Ukraine's overriding mandatory rules in private international law during martial law

Development summary

V. M. Parasiuk’s article, published in The Scientific Issues of Ternopil Volodymyr Hnatiuk National Pedagogical University Series pedagogy, examines the application of Ukraine’s overriding mandatory rules in private international law under the legal regime of martial law. It considers the changing role of these rules in private-law relations involving a foreign element.

The article analyses their relationship with conflict-of-laws rules, party autonomy and the public policy clause, together with the limits of applying them irrespective of the law chosen by the parties. Drawing on national legislation, international instruments and modern judicial practice, it also examines their possible extraterritorial effect, the consideration of foreign overriding mandatory rules in national judicial practice, and the expanded role of rules connected with defence capability, economic security and critical infrastructure during armed conflict.