Ilkiv O. Problems of proprietary rights regulation in the civil legislation of Ukraine

According to the results of the dissertation research, the concept of property relations regulation in the context of renewal (recodification) of the Civil Code of Ukraine is formulated. Based on the analysis of the Ukrainian legislation norms, theoretical developments of scientists-civilians, the differentiation of proprietary rights according to various criteria are justified, the nature and legal regime of particular proprietary rights are determined, and the expansion of their list is substantiated. The regulatory framework for regulating property relations and proprietary rights is a set of norms that determine the legal regime of particular things and the related rights of the owners of proprietary rights. The modern stage of private relations development is characterized by the convergence of the concepts of proprietary law and law of obligations. This is due to the fact that the implementation of the rights that make up the content of the proprietary right is closely related to the dynamics of civil relations. Within the framework of an obligations legal relationship, the transfer of powers, which constitute the content of the subjective proprietary right to another subject, is carried out. The use of material objects and the proprietary rights associated with them led to the emergence of the right of trust property. The trustee exercises the rights of ownership, use, disposal in the interests of the owner within the limits determined by the content of the contract and the provisions of the law. Violation of the subjective rights that make up the content of property relations results in the use of obligatory or material means of defense. The criterion for distinguishing between proprietary and obligatory methods of defending proprietary rights is the legal nature of these relations in the context of exercising the powers of possession, use and disposal, according the legal forms of their transfer to other persons. The use of proprietary or obligatory methods of defense (or their combination) depends on the nature and type of the offense and its negative property consequences.