Abstract
This article explores the regulatory framework aimed at ensuring personal non-property rights of citizens, as well as problems of improving the legal regulation. We examined provisions adopted in the international law, the Russian civil law, foreign law, approaches developed in law enforcement and opinions, formulated in modern scientific literature. The author showed the trends towards convergence of norms, which regulate personal non-property rights in legislation of different countries. In these standards the author points out strict adherence to fundamental principles, enshrined in international human rights instruments, which determines a possibility of unification of legal regulation of the examined area of public relations. Examples of international experience, examined by the author, also offer effective approaches to compensation for moral damages in cases of violation of non-property rights. The author’s conclusions expressed in this article can be used in law enforcement and scientific activities.
Highlights
Nowadays the position of the individual in society, the scope of his/her freedom is expressed and not just in financial possibilities, but in a possibility of implementing the so-called personal non-property rights, the quantity, quality and extent of which constitute a meaningful description of a position of the individual in a society and state
We examined provisions adopted in the international law, the Russian civil law, foreign law, approaches developed in law enforcement and opinions, formulated in modern scientific literature
The above study of the Russian legislation and international experience suggest that the lack of theoretical and legal development of the institution of compensation for moral damage in Russia, unlike legislation of foreign countries, reduces the value of this method of protection, which highlights the need for further development of this Institution taking into account international experience, which, in its turn, will lead to adequate protection of personal non-property rights
Summary
Nowadays the position of the individual in society, the scope of his/her freedom is expressed and not just in financial possibilities, but in a possibility of implementing the so-called personal non-property rights, the quantity, quality and extent of which constitute a meaningful description of a position of the individual in a society and state. A considerable intensification of research on various methods of protection of personal non-property rights and intangible benefits of individuals can be explained by the fact that it is the intangible benefits that constitute all spheres of existence, development and implementation of the individual, determine both inner well-being of citizens and spiritual and moral potential of the Russian society. Researchers of the institution of intangible benefits in the civil law of pre-revolutionary Russia, the Soviet and Russian period of development point out, that the general provision concerning compensation for inflicted damages, interpreted in judicial practice exclusively as a property one, was gradually modified and the law started to protect the rights of citizens in the field of intangible benefits
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