Civil-legal control in the law of Ukraine

Abstract

Based on the current legislation, the article examines the theoretical foundations of civil-legal control in the law of Ukraine using general scientific methods of knowledge, such as systematic, complex and comparative analysis, methods of typology and classification, historical-legal, formal-legal, comparative jurisprudence. With the help of an interdisciplinary method, the general concept of control examined through the legal category of subjective law, which reveals the essence of control regardless of the scope of control processes. This position determined by the fact that control consists in restraining and directing free actions carried out by participants in social relations. Considered usually as a management function, control in the field of civil legal relations, like any other category analyzed from private legal positions, acquires a number of features characteristic of civil law institutions. The essence of control in the civil law sense is the ability of the subject of civil relations to influence contractual activity. It is noted that civil legal control is based on a set of subjective rights of a participant in civil legal relations. Civil-law control plays a special, dual role in the structure of contractual relations, being its object and constituting at the same time the content of civil legal relations, expressed in the set of basic and derivative rights arising from the fact of participation in contractual relations of an organizational and property nature. The specified classification makes it possible to clarify the terminology of civil law in this area and to operate with universal categories during the analysis of the specifics of the manifestation of civil-law control, which makes it possible to reach a higher level of generalization. As part of considering the issue of legal forms of the dynamics of civil-legal control, those forms that mediate the movement, change of existing civil relations and the emergence of new ones, i.e. implementation and protection of civil-legal control, are highlighted. The obtained research results make it possible to form legal foundations in the field of civil-law regulation of control for further improvement of civil legislation.