The concept of limited mobile objects: civil-legal aspects

Abstract

The right of ownership and the possibility of using his property for purposes that do not contradict the law, in particular, for entrepreneurial and other activities not prohibited by regulatory and legal acts has been guaranteed to every person. The prescriptions of the legislation regulating public and private relations, in their totality, have created legal limits of the turnover of objects of civil rights, which have been implemented on the main principles and legal principles. At the same time, the issue of limited turnover objects remains an understudied domestic science.
 Only the state, represented by its legislative body, is the subject authorized to determine which objects of civil rights are subject to restriction in civil turnover. At the same time, it should be taken into account that the definition of limited turnover objects is the quintessence of maintaining a balance between public and private interests, and therefore the establishment of special conditions for the turnover of a specific object must be considered and justified.
 In the article, it has been proposed to understand limited movable objects as an independent variety of objects of civil rights, which are capable of passing from one person to another, but due to their specific properties and/or special characteristics, combined with the need for protection from the state, can belong only to certain traffic participants or to be in civilian traffic only under the condition of obtaining a special permit. Also, in view of the provisions of the Civil Code of Ukraine, it seems incorrect to define the types of limited turnover objects at a normatively lower level than the law. Considering this, we support the approach according to which, in order to ensure the certainty of legal regulation, it is necessary to adopt a special law, which will establish a list of restricted objects or bodies that will determine their belonging to restricted circulation.