Legal transformations of the concept and essential features of personal non-property rights in conditions of digitalization

Abstract

The article examines the legal transformations of the concept and essential features of personal non­property rights in the conditions of digitalization. The main problems highlighted regarding the need to improve the regulation of personal non-property rights during the recodification of the Central Committee of Ukraine are taken into account. The main theoretical concepts regarding the understanding of the concept and legal nature of personal non-property rights are highlighted. It is substantiated that in the conditions of the development of digitalization, a combination of universal and reformist theory is expedient, deprives civil law and regulates and protects all features of non-property rights, including those that are not related to property, and in the aspect of digitalization acquires an important meaning. reform of legal regulation and protection of personal non-property rights contained in the digital space.
 Different approaches of scientists to understanding the key features of non-property rights are analyzed. It has been established that the key feature of personal non-property law is their close connection with intangible goods, which should be understood as those phenomena and values that are useful for any participant in civil relations, satisfy his needs and have no economic meaning. The next important feature of personal non-property rights is their pronounced personal character, which ensures a close connection with a person who enters into civil legal relations regarding a certain intangible good, through which he satisfies a certain need. Such a feature of personal non-property rights as their inseparability is closely related to personal character. The next special feature of personal non-property rights is defined in Part 1 of Art. 2 Art. 269 of the Civil Code of Ukraine, - the economic content is published. The sign of the proposal is indicated, that even if the participants of civil legal relations try to somehow evaluate an intangible good, it is difficult to say about its value or a clear monetary equivalent.
 It is emphasized that the personal non-property right is absolute, which ensures the inviolability of the right and the duty of each participant in civil legal relations to refrain from violating such a right. A special feature of personal non-property rights is their inexhaustibility. The legal nature of personal non-property rights, their non-economic content leads to the impossibility of their exhaustion, and even globalization processes, digitalization, increased need for digital security and transformation of methods of protection of personal non-property rights cannot change their inexhaustibility.