Non-Property Relations Doctrine Development in Ukraine

Abstract

The article deals with the problems of development of the doctrine of nonproperty relations in Ukraine, in particular, the state of research of the sphere of personal non-property rights, information relations, intellectual property relations. Relevance and rapid development of the theory of civil law in all these areas are associated with the author’s achievements in the era of the information society and the increasing awareness of people of the importance of their personality, uniqueness, singularity, and value. Additional relevance of the covered issues is provided by the discussion on the possibility of full consolidation of non-property obligations at the doctrinal and legislative level, which is considered by the author from the point of view of the willingness of domestic civil scholars to perceive such a construction at the present stage within the bounds of binding (contractual) law. The condition, the main scientific approaches, tendencies of development of the system of non-property rights on the way to the recodification of domestic private law are analyzed. The attention is focused on the importance of the phenomenon of information and creativity, individual personal non-property rights for the development of civil society in Ukraine. The article describes the obligations of non-property nature from the point of view of the main features and peculiarities of binding (contractual) relations. We try to prove the timeliness and perspective of the further research of binding (contractual) relations of non-property nature for their further legislative consolidation in the Civil Code of Ukraine. Based on the provisions of the theory of personal non-property rights, intellectual property rights, and information rights, the further rapid development of the institute of non-property rights is anticipated, the main place in which is given to personal nonproperty rights of an individual. Taking into account the changes that have occurred after the adoption of the current Civil Code in these areas, recommendations for reforming the institute as a whole have been developed, as well as arguments for reforming the institute of binding (contractual) relations, taking into account the specifics of obligations of nonproperty nature. In order to solve the problems of non-property relations in the future, it is advisable to conduct comprehensive studies of all the institutes: information rights, intellectual property rights, personal non-property rights in their totality in order to take into account the mutual influence and peculiarities of each of them, as well as other civil law institutes.