Protection of the constitutional right of a person to property (property) in the security obligations of pledge and surety

Abstract

The current stage of development of the national legal system of Ukraine is characterized by the development of various forms and ways of protection of the constitutional right to property, creating conditions for the exercise of constitutional rights and legitimate interests of individuals in property relations and realization of difference property rights.The key principle of the constitutional regulation of private law relations is the equality of all participants, which is a significant achievement of the modern legal system. The most pronounced detection of the principle of equality is embodied in the field of civil law, where the main method of regulation is the legal equality of participants. It allows protecting the rights and interests of individuals along with the interests of the state and other subjects of public law, which in the field of civil law have no privileges in connection with their status, have no authority over other subjects of civil law and are legally equal to individuals.The issue of property is, in general, key in the constitutional regulation of economic relations, which is directly related not only to property but also contract law, because, first, entering into appropriate legal relations, their sub-jects satisfy their own property and other interests, and such actions should not harm the interests of others. And secondly, most of the ways to protect violated property rights (property) are implemented within the framework of a binding legal relationship.A special institution is the provision of obligations, as it is designed to protect the right of a person to property, which is used as a guarantee of protection of such rights in a contractual relationship. This institution is a set of legal norms that regulate the relationship related to the creditor’s rights to the debtor’s property or claims to third parties, establish additional mechanisms and means of state legal protection to ensure the actual and proper performance of obligations ultimately guarantees the protection and defense of the right of a person (creditor) to his property.In this article defines that the specific types of security for the obligation are pledge (mortgage) and surety, which allow to involve in guaranteeing the protection of a person’s right to property in contractual relations of third parties, in particular in the case of pledge with a guarantor. Pledge and surety are different types of pledge in their means, so the rules governing the surety do not apply to the creditor’s legal relationship with the property guarantor, as he is liable to the pledgee for the debtor’s performance of the principal obligation only within the value of the pledge.Pledge and surety may give rise to a new accessory (additional) obligation between the creditor and the guaran-tor or property guarantor. In order to ensure equality as a key principle of constitutional law and the method of civil law regulation, it seems appropriate to supplement the legislation of Ukraine with the provisions on the conclusion of a surety agreement, only with the consent of the debtor; also substantiated the opinion on the need to give the consent of the guarantor (property guarantor) to assign the right of claim to him under the surety agreement (prop-erty surety).