TRADITIONS, TRENDS AND DISCUSSIONS IN THE REGULATION OF PERSONAL NON-PROPERTY RIGHTS IN THE UPDATED BOOK SECOND OF THE CIVIL CODE OF UKRAINE

Abstract

The article is devoted to the analysis of traditional, promising and debatable issues of the General Provisions of Book Two of the Civil Code of Ukraine "Personal Non-Property Rights of Individuals" and the general provisions on personal rights of the updated Book Two of the draft Code of Private Law "Personal Law". Attention is focused on the expediency of preserving established approaches and traditionally effective norms of Chapter 17 of the general provisions on the mentioned rights, attention is paid to the provisions that are expected to change in view of the practice of implementing and exercising the relevant rights and the adoption of Book Two in the first reading by the Verkhovna Rada of Ukraine, as well as to the current discussions that are ongoing regarding certain provisions in the sphere of personal non-property rights of individuals. The proposals of the scientific community and specialists from various fields of science and law regarding possible promising changes to the already proposed draft amendments in connection with the increasing pace of technological progress and public awareness of the importance of regulating and protecting personal rights are analyzed. A number of arguments are presented regarding the possibility of leaving in the title of the book the second of the two most important features of the relevant rights, which consist not only in their inseparability from the person, but also in their non-property; regarding the importance of changes in the subjective composition of personal non-property relations and regarding the specifics of the right to refutation, the right to reply, reconciliation and the requirements for prohibiting the dissemination of information that violates personal non-property rights in the light of the interests of both the affected persons and the journalistic community.
A meaningful reformatting of the entire array of personal non-property rights of individuals is proposed to be carried out only with a conceptual combination of the provisions of Chapter 17 with the norms of Book One of the Civil Code of Ukraine, taking into account the practice of the ECHR on individual issues of protecting the personal rights of individuals and preserving traditional achievements inherent in domestic legislation, which uses the achievements of the implementation of the rights of individuals and legal entities over all past years, starting from the entry into force of the current Civil Code of Ukraine.
Attention is drawn to the fact that, since legislative work is never completed, it is necessary at this stage of consideration of the drafts of the new private code to focus on the prospect of improving, first of all, the norms of the general provisions of book two, both before the adoption of the updated code as a whole and after - taking into account the effectiveness of the implementation and exercise of personal non-property rights.