Shliakhovska I. Civil and legal regulation of circulation of restricted turnover objects

Українська версія

Thesis for the degree of Doctor of Philosophy (PhD)

State registration number

0823U100676

Applicant for

Specialization

  • 081 - Право

22-08-2023

Specialized Academic Board

ДФ 35.725.069

Lviv State University of Internal Affairs

Essay

Shliakhovska I. M. Civil and legal regulation of circulation of restricted turnover objects. – Qualifying scientific work on manuscript rights. Dissertation for the degree of Doctor of Philosophy in specialty 081 «Law». – Lviv State University of Internal Affairs, Lviv, 2023. Conducting the dissertation research is due to the need to develop a theoretical and legal approach to understanding the regime introduced by the national legislator regarding restricted turnover objects. The dissertation should be defined as the comprehensive study of the peculiarities of the legal settlement of relations arising in connection with the restricted turnover objects in Ukraine. On its basis, conclusions and proposals for improving the level of regulatory regulation in this field of private law relations were formulated. The Section 1 «General theoretical characteristics of the restricted turnover objects» examined the genesis of the legal regulation of relations regarding objects restricted in circulation and highlighted its key stages. The beginning of the first was determined by the date of restoration of Ukraine's independence, and the end – by the adoption of the Constitution of Ukraine. After that, the Ukrainian law entered a new phase of its development, which lasted until the entry into force of the Civil Code of Ukraine. After legalization the concept of objects restricted in circulation, the main act of civil legislation for a long time determined the further vector of the development of private law relations. However, after Ukraine's official adoption of the European integration course, a new milestone in the regulatory regulation of relations related to restricted objects has began in the national law, which continues to this day. The Section 2 «Legal regime of the restricted turnover objects under the legislation of Ukraine» has been devoted to defining the concept of objects restricted in circulation and distinguishing their features. The author researched the legal categories of «civil circulation» and «liquidity», provided their definitions, and also considered the issue of liquidation of individual objects of civil rights, the list of which is contained in the Article 177 of the Civil Code of Ukraine. In the Section 3 «Peculiarities of the transfer of rights to the restricted turnover objects» such forms of transfer of restricted objects from one person to another as contract and legal succession were investigated, their specifics were clarified and their features were highlighted. Formulated conclusions, proposals and recommendations in the study can be used in conducting further general theoretical studies of the problems of legal regulation of restricted turnover objects; updating the national legislation, studying the academic discipline «Civil Law of Ukraine», in the academic and educational process in the preparation of applicants for higher legal education.

Research papers

1. Шляховська І. М. Поняття обмежено оборотоздатних об’єктів: цивільно-правові аспекти. Науковий вісник Ужгородського університету. Серія: Право. 2022. Том 1, № 74. С. 137–141.

2. Шляховська І. М. Перехід прав на обмежені у цивільному обороті об’єкти у порядку спадкового правонаступництва. Аналітично-порівняльне правознавство. 2023. № 1. С. 212–216.

3. Shliakhovska I. M. The contract as the ground for the emergence of rights and obligations regarding restricted turnover objects in civil trade. Актуальні проблеми вдосконалення чинного законодавства України. 2023. № 61. С. 2.31.–2.38.

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