Levytskiy M. Civil Protection of Personal Non-Property Rights of Servicemen

The dissertation is devoted to the definition of the specifics of legal regulation of civil relations involving servicemen, the legal nature of personal non-property rights of servicemen and the peculiarities of their civil protection. The concepts of “protection of civil rights” and “civil protection” are distinguished. Protection of civil rights is the broadest concept, which includes the application of protection measures provided by instruments of legislation or a contract, including measures of criminal, administrative, disciplinary, civil responsibility. Civil protection of civil rights means the application of protection measures established only by the acts of civil legislation or a civil contract, in particular measures of civil responsibility. That is, the protection of civil rights is a collective concept, which includes the possibility of applying protections of criminal law, administrative law, disciplinary law and civil law. The right to civil protection arises in a person in the cases provided for in Part 1 of Article 15 of the Civil Code of Ukraine: in case of violation, non-recognition or challenge of civic rights, and in cases of abuse of rights, danger to life and health of an individual (Article 282 of the Civil Code of Ukraine), threat to life, health, property of an individual or property of a legal entity (Articles 1163-1165 of the Civil Code of Ukraine). The main elements of civil protection include: 1) the object of protection; 2) the subject of protection; 3) forms of protection; 4) methods of protection. The object of civil protection is personal non-property and property rights and interests. The subject of protection is the right holder serviceman. In this case, the right holder’s legal status is determined by the specifics of civil protection. Articles 1 and 2 of the Law of Ukraine “On Social and Legal Protection of Servicemen and Members of Their Families” enshrine a guarantee of possession by servicemen of all human and civil rights and freedoms, as well as guarantees of these rights and freedoms enshrined in the Constitution and the laws of Ukraine. However, servicemen enjoy such rights and freedoms, taking into account the special nature of military service, which is related to the defence of the Homeland.