Civil law. A common part. Protection of civil rights: concept, methods (most important)

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Civil law. A common part. Protection of civil rights: concept, methods (most important)

Lecture notes, cheat sheets

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27. PROTECTION OF CIVIL RIGHTS: CONCEPT, WAYS

Right to defense - the possibility of applying law enforcement measures provided to the authorized person to restore his violated or disputed right.

Subject of protection - subjective civil rights and legally protected interests.

form of protection - a set of agreed measures to protect subjective rights and interests protected by law. There are jurisdictional and non-jurisdictional forms of protection.

Jurisdictional - activities of authorized bodies for the protection of violated or disputed subjective rights when applying to the court, etc.

Non-jurisdictional - independent actions of organizations and citizens for the protection of civil rights, carried out without applying to the above mentioned bodies of state power or local self-government bodies.

Ways to protect - Enshrined by law substantive measures of a coercive nature, with the help of which the restoration of violated rights and the impact on the offender.

Protection of civil rights can be carried out by:

1) recognition of the right (implemented only in court);

2) restoration of the situation that existed before the violation of the right, and suppression of actions that violate the right or create a threat of its violation;

3) recognition of a voidable transaction as invalid and application of the consequences of its invalidity, application of the consequences of the invalidity of a void transaction (implemented through the restoration of the situation that existed before the violation of the right);

4) invalidation of an act of a state body or local self-government body (a citizen or legal entity, whose rights were violated by the issuance of an invalid act, have the right to appeal against it in court);

5) self-defence of the right (the violated right in this case is subject to restoration or protection in a different way than going to court, provided for by civil law);

6) awarding the performance of an obligation in kind (the violator is obliged to actually perform those actions at the request of the victim, which he must perform by virtue of the obligation binding the parties);

7) compensation for losses (satisfaction of the property interest of the victim at the expense of monetary compensation for property losses incurred by him);

8) recovery of a penalty (a penalty may be reimbursed on a voluntary basis or by a court decision; it is recovered in cases expressly provided for by law or an agreement);

9) compensation for non-pecuniary damage (consists in the obligation of the violator to pay monetary compensation to the victim for the physical or moral suffering that he experienced in connection with the violation of his rights);

10) termination or change of legal relationship (most often subject to jurisdictional implementation);

11) non-application by the court of an act of a state body or local self-government body that is contrary to the law (applies to both individual legal and regulatory acts of state authorities and local self-government bodies);

12) in other ways provided by law. This list is not exhaustive; the law may provide for other means, such as the right of the creditor to perform work at the expense of the debtor.

Author: Stepanova O.N.

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