UPDATE OF NORMS ON OBJECTS OF PRIVATE RELATIONS IN THE CONDITIONS OF RECODIFICATION OF CIVIL LEGISLATION OF UKRAINE

Abstract

The article provides a comparative analysis of the norms of the current Civil Code of Ukraine and the Draft of the updated Civil Code of Ukraine on objects of private relations. Attention is drawn to the preservation of a number of conceptual approaches to the consolidation of norms on objects of private relations in the Draft of the updated Civil Code of Ukraine. Like the current Civil Code of Ukraine, the Draft contains a separate section on objects of private relations in Book 1. The main task of this section is to consolidate the system of objects of private relations with the definition of the correlation between them, while more detailed regulation, in particular, regarding the classification of individual categories of such objects, belongs to the scope of regulation of the following books of the Сode – on property law, intellectual property law, etc. It is emphasized that it is fundamentally important to preserve in the Draft of the updated Civil Code of Ukraine an inexhaustible list of types of objects of private relations. The norms of the Draft of the updated Civil Code of Ukraine on individual categories of objects of private relations, such as things, in particular immovable property, digital things, intellectual property objects, are analyzed. It is noted that the Project provides for greater specification of the provisions regarding objects of private relations. In particular, this concerns the norms on immovable property and their types. The consolidation of some new categories of immovable property, definitions of the concepts of building, structure, premises, etc. is positive. At the same time, the article notes the need for a consistent distinction between things, money and securities as independent categories of objects. A critical assessment of the division of things into tangible and intangible is provided. Regarding digital things, the conventionality of such a term is emphasized, as well as the unjustification of classifying such objects as databases, images, 3-D models into this category. Taking into account the non-identity of the concepts of “result of intellectual, creative activity” and “intellectual property object”, positive changes are noted in the regulatory consolidation of objects of intellectual property law as a type of objects of private relations.