3. The personal non-property rights of citizens and their protection

Rules of civil law basically regulate property relations. At the same time the personal non-property wealth can be the object of civil legal relations.

According with art. 269 of Civil Code of Ukraine personal non-property rights shall belong to every natural person from his/her birth or according to the law. Personal non-property rights shall have no economic substance. Personal non-property rights shall be closely connected with the person. A natural person cannot abandon personal non-property rights, and cannot be deprived of them. A natural person shall possess personal non-property rights for life.

The personal of citizens are divided into two groups:

1. personal non-property rights, which not connected with the property. Pursuant to the Constitution of Ukraine a natural person shall have the right to life, health protection, safe environment, freedom and personal security, inviolability of personal and family life, respect of dignity and honour, the right to the privacy of correspondence, telephone conversations, telegraphic and other correspondence, the right to inviolability of dwelling, the right to a free choice of residence and to free movement, the right to freedom of literary, artistic, scientific and technical creativity.

A natural person shall be entitled to protect his/her personal non-property right against illegal invasions of other persons. Protection of personal non-property rights shall be administered by the courts.

2. personal non-property rights, connecting with the property. These include the copyrights (rights to works of science, literature, art), rights adjacent with authors (rights of performers, producers of phonograms), the right to invention, patent rights, trademark for goods and service innovations.

This group of non-property rights as protected by the courts, usually through their recovery.

4. Property rights of citizens and legal entities

Legal regulation of distribution of the property wealth is one of the mail problem of civil law.

Property rights are divided into 2 groups: the real right and rights following from obligations.

The real right is direct legal connection of the person with a thing.

The real rights have sings:

1. Their object is always the thing (property).

2. The maintenance of the real right is defined by the law (e.g. the owner of a flat should not agree with someone haw it will use it – the right of the owner (possession, using, direction) follow directly from the law.

3. The real right is lasting, e.g. it is not limited by terms. The person gets a thing forever though certainly sometime this thing will fail and becomes unnecessary to the owner.

4. The real right in case of its violation is subject to absolute protection, It means? that owner has the right to obtain on demand the thing from possession of any person, even the person who is not the offender.

The real right is static. Dynamics of property relations, process of transition of the civil rights and duties from one person to another are “served” by obligations.

The obligation is a legal relation where one party (a debtor) shall be obliged to perform an action (to transfer property, to do a job, to render service, to pay money etc.) to the benefit of the other party (a creditor) or to abstain from a certain action, while the creditor shall have the right to claim from the debtor to fulfill his obligation.

Obligations relations possess following signs:

1. Object of the obligation is action (to transfer a thing, to perform work, to render service);

2. The maintenance of the right following from the obligation, as a rule, is defined by the contract.

3. The obligations relation is always limited by certain term, by the nature it is final.

4. The rights following from the obligation are protected by the law. That is, in case of default of the obligation the creditor has the right to turn the claims only to one, the concrete person — to the debtor.

The real rights and the rights following from obligations represent themselves the different parties of property rights of citizens and legal bodies.