Features of the legal nature of preemptive rights

The paper considers issues related to determining the place of preemptive rights within the system of legal
relations. The purpose of the study is to define the legal nature of preemptive rights and substantiate their place within
the system of subjective civil rights. The author used dialectical and formal-logical methods, analysis, and synthesis.
Through the combined use of these methods, the main results of the legal regulation of preemptive rights were established.
Particular attention is paid to determining whether the understanding of legal advantages corresponds to the approach of
interpreting them as subjective rights. The paper states that the current directions of development of the institution of
preemptive rights are quite diverse and poorly coordinated with each other. This circumstance makes it difficult to determine the legal nature of preemptive civil rights. The author points out the futility of the debate on whether preemptive
rights are limited property rights or obligatory rights, since a preemptive right in specific legal relations can be both
a property right and an obligatory right. According to the author, only some preemptive rights can be classified as secondary rights, and secondarity is not an immanent property of any preemptive right. The existing views on the nature of
preemptive rights are systematised, and trends in their development are identified. The justification for establishing
a preemptive right to regulate specific social relations depends on the essence of the purpose of its establishment. Any advantages granted to participants in civil transactions limit the freedom of other participants and violate their equality; however, they are determined by socially significant goals and are therefore permissible. The paper also proposes to ensure
a wide possibility of applying preemptive rights by virtue of a contract, since in some cases this is hindered by existing
legislative approaches, as well as to allow the transferability of preemptive rights.