RECENT CHANGES REGARDING THE LAW APPLICABLE TO MAINTENANCE OBLIGATIONS IN UKRAINE
RECENT CHANGES REGARDING THE LAW APPLICABLE TO MAINTENANCE OBLIGATIONS IN UKRAINE

Summary/Abstract: The article concerns recent changes regarding the law applicable to maintenance obligations in Ukraine. The author analyzes the impact of the ratification of the 2007 Hague Protocol on the amendment of the Ukrainian Law on Private International Law of 2005. The accession to the 2007 Hague Protocol by Ukraine opens a new chapter in the scope of law applicable to maintenance in Ukraine. The law applicable to the maintenance obligation from parents in favour of children will no longer be determined by the connecting factor of citizenship but by the habitual residence. The habitual residence is the most appropriate connecting factor to determine the form and the amount of maintenance in a given situation. Determining the law applicable to the maintenance for children will be based on the correcting technique, designed to ensure that the creditor has the possibility of obtaining maintenance. In such a way the child’s interest is protected against the applicable law which does not guarantee such child the maintenance. Ukraine has joined the group of countries whose aim is to harmonize the governing laws applicable to the maintenance on a global scale because the 2007 Hague Protocol is the international agreement developed by the Hague Conference on Private International Law (HCCH).

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