CIVIL-LEGAL PROTECTION OF PERSONAL NON-PROPERTY RIGHTS OF A NATURAL PERSON IN SIMPLIFIED ACTION PROCEEDINGS

Abstract

The article provides a comprehensive study of the civil-law protection of personal non-property rights of an individual within simplified claim proceedings. The relevance of the topic is conditioned by the fact that personal non-property rights, unlike property rights, are directly linked to human dignity, honour, name, business reputation, privacy, inviolability of personal and family life, and other intangible values. Therefore, these rights require not only proper substantive regulation but also effective and timely judicial protection. In the context of digitalisation, rapid dissemination of information through electronic resources and the growing number of conflicts related to privacy interference, the issue of prompt judicial response is of particular practical significance.

The purpose of the article is to determine the scope and possibilities of applying simplified claim proceedings as a procedural form of protecting personal non-property rights of an individual and to substantiate the criteria under which such a form is appropriate and sufficient. To achieve this aim, dialectical, formal-legal, systemic-structural, comparative-legal and logical-semantic methods were used. The paper analyses the provisions of the Constitution of Ukraine, the Civil Code of Ukraine, the Civil Procedure Code of Ukraine, the Convention for the Protection of Human Rights and Fundamental Freedoms, as well as selected approaches of the Supreme Court and contemporary legal scholarship.

It is substantiated that simplified claim proceedings may serve as an effective procedural form of judicial protection in disputes concerning refutation of false information, cessation of actions violating personal non-property rights, removal of unlawfully disseminated content, protection of name, honour, dignity, business reputation and compensation for moral damage, provided that the dispute does not require complex evidence, extensive oral examination, expert opinions or questioning of numerous witnesses. It is argued that the key criterion for choosing between simplified and general claim proceedings in this category of cases should not be the formal classification of the claim as non-property, but the actual complexity of the subject of proof, the intensity of interference with the right in question and the need to ensure a full adversarial procedure.

The scientific novelty of the article lies in proposing an original approach to the correlation between substantive civil-law remedies for personal non-property rights and the procedural models of their implementation within simplified proceedings, as well as in formulating criteria of procedural suitability of such disputes for simplified adjudication. The practical significance of the study consists in the possibility of using its conclusions in drafting statements of claim, choosing appropriate remedies, substantiating motions for simplified or general proceedings, and in judicial practice.