AXIOLOGICAL UNDERSTANDING OF PERSONAL NON-PROPERTY RIGHTS OF AN INDIVIDUAL

Анотація

In the article, on the basis of the achievements of representatives of various branches of legal science, the substantive essence of personal non-property rights as a multidimensional legal phenomenon is revealed through the value-semantic sphere of personality. The peculiarities of the European doctrine of personal non-property rights, which is the basis of European human rights standards, are outlined; it is studied the axiological nature of personal non-property rights; an analysis of the legal values enshrined in civil law to ensure the rights, the object of which are personal intangible assets. The methodological basis of the study are historical, anthropocentric, formal-legal, dialectical, existential and phenomenological approaches, which together allow to reveal the value of personal nonproperty rights, to determine the impact of internal values on the possibility of exercising and protecting personal property rights. Based on the research aspects of the moral values of individuals it is formed own conclusions on the nature of the individuals in the implementation and protection of the moral rights of an impact of subjective and objective factors relating to the unique nature of a person, his or her psycho-emotional and intellectual health, the level of legal awareness, the humanistic direction of development of the state and society. The civil legislation of Ukraine needs to be improved, as the wide range of personal non-property rights declared by it, which may belong to a person, is not provided with a proper mechanism of practical implementation.

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