Skrypnyk V. Objects of civil rights: theoretical and methodological problems

The scientific paper is an independent and completed work addressing the study of general theoretical problems associated with the formation of holistic theory of objects of civil rights. The work considers scientific approaches to understanding the legal nature of objects of civil rights as well as suggests the concept of objects of civil rights and their constitutive characteristics. Furthermore, it looks into the objects of civil rights and the current state of scientific development, methodological principles in the research of civil rights objects, the doctrinal concept of objects of civil rights and their system, legal regime and circulability as characteristic features of objects of civil rights. Moreover, the thesis studies scientific provisions justified in the works of famous Ukrainian specialists in civil law and specifies the traits of individual objects of civil rights elucidating their common and distinctive features. The work also reveals the specific of the legal regime of individual objects of civil rights and proves the nuances of civil circulation of certain objects of civil rights. It is stated that legal regime is the law fixed procedure of acquisition, occupancy and alienation of things as objects of civil right. The content of the legal regime is the ability to perform certain actions with the object in circulation and gain the desired legal consequences by executing these actions. It is on the record that in contrast to the traditional legislation and doctrinal understanding of the object of civil rights as a positive concept (property, property rights, work, goods), inheritance as an object may bear the negative meaning under certain conditions. Unlike other traditional objects of civil rights, opening of inheritance is inevitably associated with the legal fact of a testator's death. The legal regime of money is educed to manifest itself in special aspects of legal actions execution or in the unavailability to perform certain actions over it. Money is either a counterclaim in a commutative agreement or an independent object of civil rights. The legal regime of money as an object of civil rights is special because it is established exclusively by the state which guaranties money issuance. Non-cash money is proved to be clients' legal requirements and banks' correspondent liabilities recorded and registered in the bank accounts. A strong correlation between things defined by generic features and defined individually is the foundation to revise the traditional concept on the dependence of the civil contract nature on its subject. To place emphasis on the significance of housing as a universal human value in a civil circulation, it has been singled out as an independent object of civil rights in the system of objects of civil rights. The author suggests the concept ‘benefit’ to be the defining centre of the system of objects of civil rights and outlines methodological foundations and criteria ought to be taken into account to form a system of objects of civil rights. The research of information and intangible benefits as objects of civil rights has brought to light that anthropological origin is one of the main characteristic features of information. Having emerged in society, it circulates and acquires value only in it. The fact that information can be either an independent object of civil rights if the purpose of a counterparty is to obtain the needed information (medical, engineering, technical), or an ancillary object which facilitates the proper execution of a contract, proves its dualistic nature. The essence of atypical civil rights is considered, their definition is proposed, and the place in the system of civil rights is established. It is ascertained that future recodification of Ukrainian legislation in the field of execution and protection of personal non-property rights requires not only the revision and elucidation of certain regulations, but also further development in the civil doctrine of study of civil rights objects and personal intangible benefits as their component, as well as generalisation of judicial practice of protection of personal non-property rights in the European Court and Ukrainian courts. Based on the theoretical conclusions, the work presents tangible proposals to improve civil legislation.