THE CATEGORICAL APPARATUS OF THE THEORY OF NONPROPERTY RIGHTS AS A BASIS FOR UPDATING THE CIVIL CODE OF UKRAINE

Abstract

The article is devoted to the analysis of the features of the categorical apparatus of the theory of non-property rights, the concepts and definitions used in it in modern scientific studies of a philosophical, social, legal direction, and above all in civil law, which allows us to find out their true deep meaning and supplement existing interpretations. For the correct use of such concepts as: ‘non-property rights’, ‘personal non-property rights’, ‘person’, ‘personality’, ‘individual’, ‘human’, ‘personal’, ‘individual’, ‘individuality’, ‘private’, etc. in law and specifically – in civil law, the author considers it necessary to emphasize the main feature of legal independence of an individual – recognition of him/her as the bearer of subjective rights, capable of effectively resisting the power of society and the state in order to acquire true legal self–worth. The article rethinks the substantive and meaningful load of the categorical apparatus of the sphere of nonproperty rights in the period of radical changes in all spheres of human life in order to deepen the theory of non-property rights in civil law. It is concluded that people and individuals are born; they become a person (individual), realizing their social and psychological essence as a result of assimilation of social handicaps of consciousness and behaviour; while a person's individuality is formed throughout his life and must be defended by him in the process of social contacts. It is proposed to call the rights enshrined in Chapter 21 of Book 2 of the Central Committee of Ukraine ‘non-property rights related to the natural origin of a person (individual rights)’; at the same time, the rights enshrined in Chapter 22 of the Second Central Committee of Ukraine ‘nonproperty rights of a natural person – a human personality (individual rights)’. The conclusion is argued that ‘non-property’ is the only unifying feature for these rights, and ‘personal’ can be both non-property and property rights. It is proposed to supplement the second book of the Central Committee of Ukraine with the chapter ‘Non-property rights of a legal entity’ and include in it those non-property rights that are needed by an organization formed by a person and which is a separate subject of civil rights. An analysis of the content of Part 1 of Article 1 of the Civil Code of Ukraine was conducted and the need to formulate it in a new version was argued, establishing the provision that non-property and property relations (civil relations) are regulated by civil law, instead of the phrase ‘personal non-property and property relations’.