The dissertation is devoted to the consideration of subjective obligation as an element of civil legal relations content. Subjective civil obligations are one of the main elements of the content of the relationship, and their proper correlation with subjective civil rights ensures the smooth implementation of the latter and, ultimately, the consideration and combination of private and public interests in the field of civil law regulation. Comprehensive study of the place of subjective civil responsibilities in the structure of the relationship and their role in the mechanism of civil regulation is possible only in the light of their relationship with subjective civil rights.
The object of research lies in the social relations that arise in the process of occurrence, change, termination, suspension and renewal of subjective civil obligations.
Subjective civil obligations are studied which determine the laws of creation, change, termination, suspension and renewal of civil legal relations.
The Constitution of Ukraine contains the principle that each person has responsibilities to the society in which the free and comprehensive development of his personality is ensured (Article 23); everyone is obliged to adhere strictly to the Constitution of Ukraine and the laws of Ukraine, not to violate the rights and freedoms, honor and dignity of other people (Article 68). The International Covenant on Economic, Social and Cultural Rights states that each individual has duties towards other people and the collective to which they belong.
Similar provisions are also contained in the International Covenant on Civil and Political Rights. Article 29 of the Universal Declaration of Human Rights, adopted by the General Assembly of the United Nations on December 10, 1948, stipulates that Everyone has duties to the community in which alone the free and full development of his personality is possible. In accordance with this provision, the draft Universal Declaration of Human Rights was presented to the United Nations and the world community through the International Cooperation Council. The preamble of the draft stipulates that human rights are inseparable from his/her rights, there can be no human rights without responsibilities, and only though recognizing the responsibilities along with rights we can achieve genuine freedom, justice and universal peace. Neglecting and ignoring the responsibilities and obligations creates conflicts between people and creates problems, including global ones.
Creating a common effort to build a world in which people can feel safe, have the opportunity to live freely and develop normally without fear of their future is proclaimed as a high desire of people. Their duties must be determined not only, and not only by the power of the law, but above all by the consciousness, conscience and intelligence of the person himself, understood equally everywhere and be the basis of universal peace and security on the planet Earth.
As proved by the research stated in the dissertation, subjective civil rights and subjective civil obligations are paired and interrelated categories, which within the limits of civil law reality can not exist separately from each other, and therefore their research must be carried out from taking into account their interconnection and interdependence. However, in civil law, subjective civil law and subjective civil liability are largely investigated separately, without taking into account their inextricable connectivity within the content of civil legal relations. As it is rightly noted in the scientific literature that there are no obligations without rights, there is no right without obligations. Such a connection of subjective civil rights and obligations is due to the interdependence of processes and mechanisms for the implementation of rights and duties: the subjective right can be realized to the extent that it meets the responsibilities of other persons. This unity is followed by the analysis of individual issues through the correlation of subjective civil rights and responsibilities.
A separate stratum of the problem under study is the question of demarcation between the categories of «duty», «debt», «responsibility», «sanctions», as well as the definition of the scope of the terminological use of the categories «duty», «debt», «responsibility», etc. Separate scientific interest is the issue of the emergence, transition, execution and termination of subjective civil obligations in the civil relations concerning property, civil obligations and inheritance.
To date the problem of complex analysis of subjective civil obligations in the context of their place in the structure of legal relations and their role in the mechanism of legal regulation of civil relations remains unexplored.
The practical value of the work is the possibility of using the conclusions and proposals of the dissertation in law-making and law-enforcement spheres, as well as in the educational process.
