Мoiseienko Y. Protection of subjective civil rights of the parties to a bank deposit agreement (deposit).

The dissertation is a complex scientific research of the issues of subjective civil rights protection of the parties to a bank deposit agreement (deposit). The theoretical principles of protection of the rights and legal interests of the parties to the bank deposit agreement (deposit) are investigated. In corresponding context, considering the topicality of the chosen theme of the dissertation and its practical significance the methodology of the research conducting is presented, the structure of subjective Civil law as the object of protection in the legal relations proceeding from the bank deposit agreement (deposit) in Civil law legislation of Ukraine is traced. It is established that the objects of protection in the controversial legal relations that are considered in the work are subjective civil rights, but not the interests protected by the law. Such conclusion is made on the basis of the analysis of the subjective law content peculiarities in the legal relations arising from a bank deposit agreement (deposit). When investigating the methods of subjective civil rights protection of the parties to a bank deposit (deposit), the viewpoint of the expediency to use an unlimited range of such methods is maintained. With this the peculiarities of the methods of subjective civil rights protection by the parties to the aforementioned agreement are characterized. Analyzing the forms of civil rights protection of the mentioned agreement, the author of the dissertation does not support civil science classical approaches as for the determining the range of forms of subjective civil rights protection in general. It is noted that the peculiarities of such forms in the context of civilistic legal relations, which are considered in the dissertation, are their division into jurisdictional, self-defense and non-jurisdictional. It is concluded that the peculiarity of jurisdictional form of subjective civil rights protection of the parties to a bank deposit agreement (deposit) is to secure at the legislative level a certain procedure (stages) for reviewing the legal relations arising from the mentioned agreement. The content of the jurisdictional form of protection is the courts of civil, economic and administrative jurisdiction activity, as well as arbitration courts. In this connection the impossibility to use the notarial form of protection of these rights is proved and the mediation as for the lack of normative consolidation of the latter in the norms of the national law of Ukraine at present is given. On the basis of the analysis of the conditions for the implementation of self-defense as a form of civil rights protection, the existence of the methods of this form of protection is proved, and through them a person concerned protects those subjective civil rights which arise from a bank deposit agreement (deposit). Non-jurisdictional form of protection of the above rights is characterized (in contrast to the jurisdictional) by the lack of so-called procedural form as the certain stages of a dispute resolution normative fixing. The entities that implement this form of protection are the National Bank of Ukraine and the Guarantee Fund for Individuals Deposits. The practical significance of the results obtained is in the use and possibility to use the developed suggestions and conclusions: in research work – performing further research in the field of Civil law; in law-making activity - in the process of improvement of Civil law legislation of Ukraine; in law-enforcement activities - during the consideration and resolution of civil cases by the courts and the resolution of such cases out of the courts procedure as well as in the process of preparation of scientific and practical commentaries to the Civil Code of Ukraine; in teaching-methodological work – while teaching "Civil Law" as a subject, as well as teaching the corresponding special courses; during the educational, methodical and didactic materials preparation of the indicated disciplines.