Shcherbyna B. Absolute Civil Rights: Implementation and Protection.

The dissertation is devoted to the study of the legal regulation of civil law protection of absolute civil rights in Ukraine and the EU. The emergence and formation of concepts of absolute civil rights, the place of absolute civil rights in the system of civil law of Ukraine and the EU countries has been determined, their classification has been made, the state of their research in the scientific literature has been analyzed and their legislative consolidation has been characterized. The concept of realization of civil rights, peculiarities of realization of personal non-property rights of individuals, property rights, hereditary rights, intellectual property rights under the legislation of Ukraine and EU countries were analyzed. It is established that these rights occupy an important place in the system of civil law, their consolidation is in four books (out of six available) of the Civil Code of Ukraine. It is proved that in many EU countries, personal non-property rights are viewed not only as absolute civil rights, but as basic human rights in general, without reference to civil law. Implementation of absolute civil rights is subject to the general principles of the exercise of rights, although it has certain features. Preconditions for the realization of the absolute civil rights should include: a) the presence of a right of a person, its legislative recognition in the form of a general permit or direct consolidation of the law and the legitimate grounds for acquiring of such a right by a particular person; b) the person should have the proper volume of civilian capacity; c) absence of legal and factual obstacles for the relevant behavior of the subject; d) the proper subject of the exercising of a right