Matviichuk A. Personal Non-Property Rights in the Sphere of Natural Environmental Protection

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0416U001309

Applicant for

Specialization

  • 12.00.03 - Цивільне право і цивільний процес; сімейне право; міжнародне приватне право

02-02-2016

Specialized Academic Board

Д 26.730.02

Essay

This thesis is a comprehensive monographic study of personal non-property rights to favorable natural environment and to information, concerning natural environment. Sources, history and perspectives of progress of civil regulation and defense of personal non-property rights in the sphere of natural environmental protection have been researched. Basing on terminological analyze, the ways of improving and unifying legal Ukrainian terminology in the researched sphere have been proposed. The grounds for distinction between personal non-property rights, united in the paragraph 293 of the Civil Code of Ukraine under a common title "right to a safe for life and health environment" (by subjects, objects and obligor) have been stated and researched. The definitions of personal non-property rights to a favorable natural environment and to information, concerning natural environment, have been given. Objects of the researched rights in particular and of personal non-property rights in general have been studied. It has been proved, that objects of personal non-property rights may be not only non-property and other immaterial benefit, but a material benefit as well. The matter of subjects of personal non-property rights in the sphere of natural environmental protection, and the matter of facilities and prospects of legal defense of the future generations' interest in preservation of a favorable natural environment in Ukraine have been researched. The legal formula for connection between rights and interests of a current and future generations has been proposed, which is "Harmful for future generations - is harmful for current generation, and vice verse". The structure of the researched rights, edges of their enjoyment, grounds for abridgment, possible collisions between other subjective rights, and corresponding obligation of other subjects have been studied. The matters of self-defense of a personal non-property right to favorable natural environment have been examined. Specific features and eligibility criteria of self-defense of a personal non-property right to favorable natural environment, eligibility criteria of a harm, done in time of such defense, actions, that cannot be qualified as a civil defense method at all, - have been defined. The redress of an injury as civil defense method of a personal non-property right to favorable natural environment has been studied. The right of a person to redress of an injury, done to his/her life, health or property as a result of an infringement of a personal non-property right to favorable natural environment, disconnected with a break of environmental law, has been proved. The matter of termination of activity, which is harmful to natural environment, as a civil defense method of a personal non-property right to favorable natural environment, and close legal institutes in administrative, environmental and commercial legislation of Ukraine have been researched. Case law on the matter of defense of a personal non-property right to information, concerning natural environment, has been examined and analyzed; current tendencies and key problems in this sphere have been determined.

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