INTERNATIONAL JURISDICTION IN CIVIL AND COMMERCIAL CASES

Abstract

The article examines the problems of determining international jurisdiction in civil and commercial disputes involving a foreign element within the framework of contemporary Ukrainian judicial practice. It analyzes the correlation between the concepts of jurisdiction, subject-matter jurisdiction, and territorial jurisdiction as components of procedural jurisdiction, as well as their impact on the effectiveness of judicial proceedings. Particular attention is paid to the application of the doctrines of lis pendens and lis alibi pendens, mechanisms for preventing forum shopping, and the procedural grounds for refusal to initiate proceedings or for leaving a claim without consideration.

The provisions of the Civil Procedure Code of Ukraine, the Commercial Procedure Code of Ukraine, and the Law of Ukraine “On Private International Law” are examined in the context of parallel proceedings, recognition and enforcement of foreign judgments, and the procedural consequences of violations of territorial jurisdiction rules. The study also analyzes judicial practice at the court of first instance, appellate proceedings, and cassation proceedings in cases involving a foreign element. It is established that most procedural violations arise from incorrect determination of jurisdiction at the initial stage of judicial proceedings.

At the same time, the analysis of cassation practice demonstrates the absence of systemic abuse of the right to cassation appeal in international civil procedure and confirms the proper performance of appellate courts in reviewing the legality and validity of judicial decisions. The article substantiates that correct determination of international jurisdiction serves as a guarantee of the right to a fair trial, procedural economy, and legal certainty in cross-border legal relations.