ELECTRICITY AS AN OBJECT OF CIVIL RIGHTS

Introdaction. The issue of objects of civil rights is traditionally considered one of the most complex in civil studies, to which a considerable number of works and studies are devoted, which determine the most essential characteristics of the latter, distinguish various classifications. This article is devoted to the determination of the legal nature and consideration of the approaches available in science regarding electricity as an object of civil rights. The Civil Code of Ukraine does not directly define electricity among the objects of civil law, so it can be said that the legal status of energy is not fixed at the legislative level. Its physical characteristics make it difficult to determine the status of a thing or even an object by electricity. The analyzed doctrinal positions of scientists give reasons to determine that electricity is considered as a thing, an incorporeal thing, «other property», etc. As a characteristic of electricity as a thing, it is established that it is a movable, simple, divisible, consumer thing, which is determined by generic features. But it is determined that it is the lack of physicality that makes it impossible to assign electricity to this category. Proponents of the concept of so-called incorporeal things, recognizing the incorporeal content of a number of objects, also attribute electricity to things, but this approach is also subject to criticism, as it does not correspond to the real characteristics of electricity, and in its essence is very close to the definition of electricity as a thing. Purpose. The purpose of this article is to analyse, research and summarise of legislative and doctrinal approaches to the definition of energy as an object of civil as an object of civil rights, to clarify its legal nature and to find ways to eliminate the problem of ambiguous definition of the concept of electricity as an object of civil rights. Materials and methods. The research materials are: 1) normative and legal regulation of such an object of civil law as energy; 2) works of domestic and foreign authors conducting research on determining the legal nature of electricity. In the process of carrying out the research, the following scientific methods were used: analysis (to characterize different approaches to the definition of electricity as an object of civil law and their analysis); logical generalization of results (formulation of conclusions). Results. The authors come to the conclusion that electricity cannot be considered as a thing in the usual sense, but consider it necessary to characterize it as a quasi-property or «other property», and suggest expanding the traditional understanding of a thing in domestic law by including objects of any aggregate state. Discussion. In further scientific research, it is proposed to pay attention to the need to amend the legislation regarding the expansion of the concept of a thing, taking into account the particularity of the nature of energy, and to establish another type of objects of civil rights — energy.