Article title Development of the Non-Property Relations Doctrine in Ukraine
Authors

   Doctor of jurisprudence, Professor, Corresponding member of NALS of Ukraine, Honored Worker of Science and Technology of Ukraine, Professor of department of civil law of Taras Shevchenko National University of Kyiv (Kyiv, Ukraine) prof.e.kokhanovskaya@gmail.com

Name of magazine Legal journal «Law of Ukraine» (Ukrainian version)
Issue 1/2019
Сторінки [93-104]
DOI 10.33498/louu-2019-01-093
Annotation

The article focuses on the issues of development of the non-property relations doctrine in Ukraine, in particular, on the current situation with the research in the domain of personal non-property rights, information relations, and intellectual property relations. The author links the relevance and rapid development of the civil law theory in all of these areas to the achievements of the information society era and the increasing awareness by people of the importance of personality, personal uniqueness, individuality and personal value. Additional relevance to the issues covered by this article is imparted by a discussion about the possibility of full-scale consolidation of obligations comprising non-property content at the doctrinal and legislative levels, which possibility is examined by the author in terms of the willingness of national civilists to perceive such a construct at the present stage within the framework of the law of obligation. The article analyzes the current situation, main scientific approaches and development trends of the non-property rights system on the way to re-codification of national private law. A special focus is given to the importance of the phenomenon of information andcreativity, and separate personal non-property rights for the development of civil society in Ukraine. The author characterizes obligations with non-property content in terms of the main features and specific aspects of relations under law of obligation. It is also shown that currently there is a need and prospects for a further research of relations under law of obligation with non-property content with a view to their subsequent legislative consolidation in the Civil Code of Ukraine (Ukraine’s CC). Based on the provisions contained in the theories of personal non-property rights, intellectual property right and information rights, the author sees the prospects for a further rapid development of the institution of non-property rights, with personal non-property rights of an individual being its centerpiece. Given the changes which have occurred upon adoption of the current Ukraine’s CC, the author offers recommendations for reforming this institution as a whole, and also gives arguments for reforming the institution of relations under law of obligation, with due regard for the specific characteristics of nonproperty obligations. The author believes that with a view to resolving the challenges of non-property relations, in the future it would be appropriate to make comprehensive studies of all institutions, in particular, information rights, intellectual property right, personal nonproperty rights in their totality, for the purpose of taking into account their mutual influence on each other, as well as on other institutions of civil law.

 

Keywords doctrine of non-property relations; information relations; intellectual property relations; personal non-property rights; obligations with non-property content
References

List of legal documents 

Legislation 
1. Tsyvilnyi kodeks Ukrainy [The Civil Code of Ukraine]: Zakon Ukrainy [the Law of Ukraine] vid 16 sichnia 2003 r. № 435-IV (accessed: 23.11.2018) (in Ukrainian). 

Bibliography 

Authored books 
2. Pokrovskyy Y, Osnovnye problemy hrazhdanskoho prava [Major Issues of Civil Law] (Statut 1998) (in Russian). 

Edited books 
3. Kuznyetsova N (zag red), Pravova systema Ukrainy: istoriia, stan ta perspektyvy [Legal System of Ukraine: History, Current Situation and Prospects], t 3: Tsyvilno-pravovi nauky. Pryvatne pravo [Civil-Law Sciences. Private Law] (Pravo 2008) (in Ukrainian). 
4. – – (zag red), Pravova doktryna Ukrainy [Legal Doctrine of Ukraine], t 3: Doktryna 
pryvatnoho prava Ukrainy [Private Law Doctrine in Ukraine] (Pravo 2013) (in Ukrainian) 
5. Stefanchuk R (red), Lychnye neymushchestvennye prava: problemy teoryy y praktyky prymenenyya: sbornik statey i inykh materialov [Personal Non-Property Rights: Issues of Theory and Application Practice: Collected Articles and Other Materials] (Yurynkom Ynter 2010) (in Ukrainian). 
6. Stepanov S (zag red), Hrazhdanskoe pravo: uchebnik [Civil Law: Textbook], t 1 (Prospekt 2010) (in Russian).