Protection of Non-Property Right
Abstract
In the modern world, the significance of non-property right is very high because they are preconditions of providing the real freedom of ownership, freedom of agreement, freedom of entrepreneurship and all other rights in the material sphere of society. The article studies characteristic features of personal non-property rights of individuals. The notion of personal non-property rights of individuals has been formulated taking into account the features of this group of subjective civil rights, as well as their purpose. The main issues to be addressed in the study are the clarification of the specifics (features) of the object of protection, as well as the peculiarities of the protection of the named rights, the jurisdictional and non-jurisdictional forms of protection of personal non-property rights that ensure the natural existence of an individual. In the article, the notions of personal non-material benefit and personal non-property right have been formulated; the personal non-property rights, which provide the natural existence of an individual who is the object of protection, have been characterised in details; propositions regarding addressing certain legislative and practical gaps and contradictions have been presented. Also, the specific features and concepts of the protection of personal non-property rights that provide the natural existence of an individual have been determined.
References
[2] Kot, O.O. 2018.Protection of subjective civil rights in the mechanism of legal regulation. Journal of the National Academy of Legal Sciences of Ukraine 25(2): 83-98.
[3] Kuznetsova, N.S. 2014. Selected Works. Yurydichna Praktika.
[4] Pankevych, O.Z. 2018. The nature of collective human rights and their relationship with individual rights (in the light of the universal declaration of human rights). Journal of the National Academy of Legal Sciences of Ukraine 25(3): 62-77.
[5] Analysis of judicial practice in cases of non-property damage caused due to damage of health during the execution of labour. 2011. Letter of the High Specialised Court of Ukraine on Consideration of Civil and Criminal Cases. http://zakon4.rada.gov.ua/laws/show/n0010740-11.
[6] Judgment Holm v. Sweden. 1993.Application No. 14191/88.http://hudoc.echr.coe.int/eng?i=001-57851.
[7] The decision of the Supreme Court of Ukraine. 2010. No. 6-1989сv08. http://reyestr.court.gov.ua/Review/11641921.
[8] Decision on the Case of Siryk v. Ukraine. 2011. Application No. 6428/07.http://zakon4.rada.gov.ua/laws/show/974_939.
[9] Decision on the case Ukrainian Press Group against Ukraine. 2005. Application No. 72713/01. http://zakon4.rada.gov.ua/laws/show/980_382.
[10] Decision of the Supreme Court of Ukraine dated June 16, 2010 in case No. 6-11324sv09. http://reyestr.court.gov.ua/Review/10120963.
[11] Decision of the Supreme Court of Ukraine dated February 3, 2010 in case No. 6-17172sv07. http://reyestr.court.gov.ua/Review/8038793.
[12] Decision of the Supreme Court of Ukraine dated May 6, 2010 in case No.6-2090сv10. http://reyestr.court.gov.ua/Review/10132697.
[13] Danilchenko, O.V. 2016. The Legitimate Influence on the Unlawful Behaviour of Participants in Civil Legal Relations: Topical Lines: a Monograph.Ilion.
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