TYPES OF PROPERTY RIGHTS SUBJECT TO LEVY IN ENFORCEMENT PROCEEDINGS

Abstract

The article is devoted to the study of the problem of the correlation of property law and the obligatory right of claim as property that can be enforced. The legal nature of the right of claim is analyzed both as an element of the content of the obligatory legal relationship and as an independent property asset capable under certain conditions of acting as an object of civil turnover and forced sale. It is determined that for the right of claim to acquire the meaning of an independent property asset, its reality is essential, certainty on the basis of occurrence, content and scope, economic value, alienability and the possibility of separation from the person of the original creditor. The provisions of the Law of Ukraine "On Enforcement Proceedings" and the Commercial Procedure Code of Ukraine, which regulate the enforcement of property and funds belonging to the debtor from other persons, have been studied. It is established that it is necessary to distinguish between two legal structures: foreclosure directly on the right of claim as a property right of the debtor and enforcement of funds or other property that a third party is obliged to transfer to the debtor as a result of the fulfillment of the relevant obligation. It is substantiated that until the moment of such performance, the component of the debtor's property sphere is the right of claim, and not the specific property of a third party. Based on the analysis of the practice of the Supreme Court, it has been established that the application of the collection mechanism requires confirmation of the real existence of the relevant debt, its amount and other circumstances that characterize the right of claim as a certain property asset. Attention is drawn to the possibility of forced transfer of the right of claim regardless of the will of its bearer and at the same time preserving the derivative nature of the acquired right. Insufficient consistency between the civil law nature of the law of obligations of the claim and the procedural mechanisms for directing its economic value to the satisfaction of the creditor's claims has been revealed. The expediency of legislative delimitation of foreclosure on property right and on the property result of its implementation, as well as the introduction of differentiated procedures for the enforcement of certain types of property rights, taking into account their legal nature, has been substantiated.