NOVELS OF BOOK TWO «PERSONAL RIGHTS» IN THE DRAFT CIVIL CODE OF UKRAINE

Abstract

The article provides an overview of the conceptual novels of Book Two of the Draft Revised Civil Code of Ukraine, which is introduced under the new title “Personal Right.” The author analyzes the genesis of the legal regulation of personal relations: from the fragmentary consolidation of specific rights in the 1963 Civil Code of the Ukrainian SSR to the formation of an expanded catalogue in the current Code and its further modernization in the Draft Civil Code of Ukraine. The paper substantiates that the transition from the terminological construct of “personal nonproperty rights” to the category of “personal right” signifies a doctrinal departure from the Soviet tradition and emphasizes the absolute value of the human personality. The study explores in detail the substance of new personal rights introduced into the normative framework of the Civil Code of Ukraine in response to the challenges of the digital age and the development of biotechnologies. In particular, it characterizes the right to a digital image, biometric and genetic data, the right to be forgotten (de-indexing of information), and the right to a digital personal space. Special emphasis is placed on the introduction of the right to informational peace as a vital element in protecting an individual’s mental health amid the excessive digitalization of communications. Furthermore, the article examines new protective mechanisms, such as the right to reply and the right to reconciliation, which signify the humanization of civil procedure. The author highlights the expediency of categorizing the personal rights of legal entities into a separate chapter, allowing for a unified approach to protecting their business reputation and digital identity. The author concludes that the update of Book Two of the Civil Code of Ukraine ensures the harmonization of national legislation with European Union law and the case law of the European Court of Human Rights, establishing a robust legal foundation for the protection of private life in the 21st century.