If the property or a representative of Ukraine in a foreign state is not granted jurisdictional immunity, the government may apply such measures as are allowed by international law if diplomatic measures are insufficient to settle the consequences of such a violation.

Unless Ukrainian law or an international treaty provides otherwise, the consent of the competent authorities of the relevant foreign state is necessary in claims involving a foreign state in which (i) the person or entity is a plaintiff or is engaged as a defendant or third party, or (ii) its property in Ukraine is involved in the case or subject to injunction or attachment.

Subsequently the Law of Ukraine "On Private International Law" provided two types of collision norms: 1) collision norms as regarding the applicable law (Ukrainian or foreign); 2) collision norms as regarding the conflicts of jurisdictions.

1) Clauses 16 and 25 of the Law of Ukraine "On Private International Law" provide that the personal law of natural person is the law of the state of his/her citizenship, the personal law of a corporate entity is the law of its registered address. Accordingly the legal capacity of natural persons and corporate entities is determined by the personal law of such person or entity.

Clauses 5 and 44 of the Law of Ukraine "On Private International Law" provide that the parties in certain circumstances are free to choose the law, which is applicable to their legal relations (rights, obligations, etc.), i.e. Ukrainian or foreign or international law. However if there are no special agreement by the parties about the applicable law and no imperative provisions of laws, which prescribe application of certain law, clause 44 of the Law of Ukraine "On Private International Law" provides the rules, which are to be used to identify the applicable law of obligations, which is to be identified proceeding from the personal law of the party, whose performance has the most significant importance for appropriate obligation.

The Law of Ukraine "On Private International Law" also prescribes the rules (and possible options as well) for choosing the applicable law, which applies to family, heritance relations, non-contractual relations of the parties, labor relations, property relations of the parties, etc.

2) Clause 76 of the Law of Ukraine "On Private International Law" provides that Ukrainian courts can try cases with foreign element if:

- the parties have previously agreed that the Ukrainian court is competent to try the case (except for circumstances where rules of exclusive jurisdiction apply);

- the defendant is domiciled in Ukraine, owns movable or immovable property on Ukrainian territory or, in the case of a corporate entity, has the branch or agency on the territory of Ukraine;

- the indemnification case involves damages caused in Ukraine, a plaintiff who is the natural person domiciled in Ukraine or a defendant who is the corporate entity with registered address in Ukraine;

- the maintenance or affiliation case involves the plaintiff domiciled in Ukraine;

- the inheritance case involves ancestor, who was either citizen of Ukraine or domiciled in Ukraine at the moment of death;

- the action or event, which is the grounds for judicial proceeding, happened in Ukraine;

- the last known domicile of the person, who is to be declared missing or deceased, was in Ukraine;

- the court has to try the case using the special procedures provided by Ukrainian Codes, which is connected with personal status or legal capacity of Ukrainian citizen;

- the proceeding is against a Ukrainian citizen, who acts as the diplomatic agent abroad or otherwise enjoys immunity from the foreign jurisdiction.

Clause 77 of the Law of Ukraine "On Private International Law" provides that Ukrainian courts are exclusively competent to try the following cases with foreign element:

- if the disputed immovable property is located in Ukraine;

- disputes between children and parents if both are domiciled in Ukraine;

- cases about succession if the ancestor is Ukrainian and his last domicile was in Ukraine;

- disputes arising from registration of the intellectual property rights, which require registration or issuance of appropriate certificate (patent) in Ukraine;

- disputes arising from registration or termination of foreign corporate entities on the territory of Ukraine and the same concerning the private entrepreneurs – foreign natural persons;

- if the dispute relates to the validity of entries in the public registry or land registry of Ukraine;

- insolvency proceedings if the debtor was incorporated under Ukrainian laws;

- if the dispute relates to the issuance or annulment of securities issued in Ukraine;

- disputes concerning adoption of a child in Ukraine.

International organizations, diplomatic agents of foreign states recognized by Ukraine and other persons identified in laws of Ukraine and international treaties of Ukraine fall within the jurisdiction of Ukrainian courts in civil cases only insofar as the jurisdiction conforms to the principles and norms of international law and international treaties in force in Ukraine.

The above information is provided herein in educational and informative purposes only. It is provided that you have to get appropriate legal advice as regarding the legal and other issues of your interest in Ukraine in order to have the exact, extensive and up-to-date legal and other related information.

Do not hesitate to contact us if you have any questions or issues of legal nature, our Law Firm is working for you and our experienced legal specialists are always ready to help providing the client with appropriate legal consultations, legal reports and summaries, reasonable legal advices and all the other required legal support, assistance, coverage and protection.