ОСОБЛИВОСТІ ПРАВОВОГО РЕГУЛЮВАННЯ МАЙНОВИХ ВІДНОСИН ЗА ЗАКОНОДАВСТВОМ ЄВРОПЕЙСЬКОГО СОЮЗУ

Abstract

The purpose of this publication is to identify the nature and trends of the regulation of civil property relations within the EU, in particular, the scope, level and nature of legal requirements.

Recently, EU activity has been expanding to meet the challenges of new technology and commercial innovation, in particular computer technologies, which pose serious intellectual property rights issues - the protection of computer software and the protection of databases. On the other hand, as noted in the literature, copyright (copyright) was essentially relegated to the service sector. Creating videos - and to a lesser extent CDs - meant that renting copyrighted results became a form of use. However, the national  laws of some Member States gave the copyright owner control over the lease of copies of his creation, at a time when others did not, which led to the fact that the record, which was once sold, could be rented by the buyer for no reference to the copyright of the owner. Another problem was to coordinate the various layers of regulations and bureaucratic control of broadcasting, to open up the possibility of free translation. As a result of the active involvement of the European institutions, a new powerful legal mechanism on intellectual property rights has been formed, which has been generalized by the Directive of the European Parliament and of the Council.

As defence of consumers is separate "politics" of ЄС, a "hard" instrument is used in this sector mostly. Traditional "actors" - suppliers of commodities, works and services and their customers operate at the internal market of ЄС, thus last or the same suppliers, or end-user, play role of. Consumers or physical persons, or state or territorial or local imperious organs (the same physical persons-consumers of state or municipal services stand after that), play role of. Market contract relations that is folded are divided, thus, on commercial (a "businessman is a businessman") and consumer (a "businessman is a consumer"). Separately market relations stand a "businessman is the state", where member-state ЄС (whether territorial or local imperious organs) comes forward, remaining a public legal subject, by the equal in rights side of contract with a private person; these relations gravitate to the consumer, as the state (her organs) does  not pursue the aim of receipt of profit. Occupy the special place.

Harmonization of civil law, in opinion of європейських legislators, comes forward as part of social politics of ЄС, consumer politics and right for consumers  are included in that, in particular, contract and tort right for consumers.

Widespread in ЄС is practice of bringing in to developments of leading legists and other specialists, that called to organize further work and formulate both the results of developments and conceptual positions on the future. A європейська commission offered four basic variants in relation to initiatives of ЄС from a contract right: 1) no active action from the side of ЄС; 2) providing of development of principles of common contract law that conduces to greater convergence of national legislation of countries-members; 3) upgrading of current legislation of countries- members; 4) acceptances of new all-round legislation are at the level of ЄС.

In the process of approaching of legislation of Ukraine to the legal terms of internal market of ЄС it costs to take into account, that realities of present time put before acquis ЄС new tasks to development in the field of market, including task of forming of bases of the "наднаціонального" adjusting of civil legal relations.