ON FORMS OF CIVIL CIRCULATION FUNCTIONING IN THE CONTEXT PROBLEMS OF ITS UNDERSTANDING AND LEGAL REGULATION

In the context of problems of understanding civil circulation and its legal regulation, the article examines possible options for the functioning (action) of civil circulation as a social, legally significant phenomenon. Based on understanding of the functioning of civil circulation as a change of owners of objects of circulation, it is noted that the action of civil circulation is determined by the form, i.e., the external expression of the existence of the objects being circulated. In accordance with the gradation of the latter according to this criterion into tangible and intangible, with a distinction within the group of tangible and intangible objects, including digital ones, it is proposed to distinguish two main forms of functioning of civil circulation — actual and legal. The peculiarity of the functioning of civil circulation in legal form is due to the specifics of the corresponding objects — subjective rights and obligations that can exist only in an intangible legal form; accordingly, without legal mediation, the circulation of such objects is impossible and the actions of subjects aimed at changing their owners can only be legal. In contrast, civil circulation, functioning in actual form, develops regarding material (both material and immaterial) objects that are capable of actual, i.e., regardless of legal regulation, receipt by subjects. The practical significance of the proposed division is associated with the question of a possible procedure for protecting the violated rights and legally protected interests of participants in circulation and with the identification of popular areas of legislative influence on civil circulation. From a doctrinal position, on this basis, the need to update the understanding of civil circulation that has developed in domestic civil law is argued.

civil circulation, legal form, legal regulation of civil circulation, functioning of civil circulation, forms of functioning of civil circulation, actual actions, legal actions, actual form of functioning of civil circulation, legal form of functioning of civil circulation, objects of civil circulation, procedure for protecting civil rights

Vinichenko Yu. V. On forms of civil circulation functioning in the context problems of its understanding and legal regulation. Biznes. Obrazovanie. Pravo = Business. Education. Law. 2024;3(68):183—188. DOI: 10.25683/VOLBI.2024.68.1030.