How to protect your rights? This issue regularly arises among citizens facing violations. After all, there are many bodies, structures, in particular, the prosecutor's office and the courts. Where to turn and how to act? Consider the legislative aspects of the whole process.
Law as an object of protection
Law as a phenomenon has many definitions. Two of them, the most common: a measure of possible behavior and the possibility of ownership, use and disposal of values, including intangible ones.
Illegal restrictions or deprivation of rights are grounds for applying for their protection. We must not forget about the legitimate interests - the desire to achieve or maintain a position in which the rights of a citizen or organization are preserved.
Normative regulation
Modern society is structured in such a way that there are no areas that would not be regulated by the rule of law, ranging from laws to instructions and regulations adopted at the lower level of government.
The basis is the Constitution. Some of its provisions act directly; some require the implementation of special laws for full implementation.
The latter indicate how to protect your rights. We must not forget about the acts adopted by the central authorities. The first of these is the government, followed by ministries and other authorities.
Practicing lawyers note that in reality it is not the laws that apply, but the instructions that do not comply with the laws. However, norms protecting rights are found in normative acts of different levels. It is a mistake to limit ourselves only to the Constitution and laws.
Remedies
The legislation provides a specific list of remedies:
- appeal to the competent authorities (police, administration);
- appeal to the prosecutor;
- appeal to the courts.
Below we’ll look at how to protect your rights through complaints and complaints.
Authorities
They are responsible for managing different areas of society. This is expressed through the adoption of regulations or administrative actions and managerial decisions.
If a violation occurs somewhere, the authority must respond: bring to justice and take all measures for its part to stop the violation.
The administration, for example, brings to administrative responsibility - imposes a fine and obliges to perform certain actions.
How to protect your rights with the help of the police? It acts on its own initiative or on the initiative of citizens. For example, there was a statement about a fight or other violation of order.
The basic task of the police is to prevent and investigate administrative and criminal offenses.
Competency Topic
Each body is engaged in a field of activity, and to find out whether to contact its employees, it is worth examining the situation governing its activities. Knowing who is doing what, it will be possible to find out in whose competence the consideration of the complaint.
The role of the prosecutor
The task of the prosecutor is to ensure that officials fulfill their duties, in particular, police and bailiffs. Appealing to the prosecutor’s office makes sense after going to the appropriate authority. If the complaint was not filed or the time did not come to give an answer, the prosecutor’s office will not take any action.
In government organizations, inspections are carried out on a regular basis, and complaints are the reason for additional verification.
Decisions of the prosecutor are binding on all authorities, organizations, and it has the greatest impact on the police. Almost all decisions of the prosecutor by the police are somehow implemented.
The prosecutor's office and other authorities have the right to file a lawsuit in court to protect one person and a group of citizens. Claims are often filed to protect an unlimited number of citizens. Paradoxically, citizens actually have no opportunity to file a class action lawsuit.
Other organizations protecting rights
Citizens have the right to unite to achieve the goals they need. An example is consumer protection societies. They provide advisory assistance, help in the preparation of documents, represent the interests of those who applied to them for help in various bodies and courts. Often they operate on a free basis and are funded by donations.
The role of the court
It will not be a mistake to say that the court is the most important body protecting the rights of citizens.
The peculiarity of the court is the significance of its decisions. They have the force of law, and their non-fulfillment entails serious liability. In particular, officials guilty of evading their execution are held accountable.
The court considers claims against authorities, organizations and other citizens who have violated other people's rights. However, there is one feature. If, analyzing a complaint to administrative authorities, an official has the right to request additional materials and go beyond the scope of the complaint, the court is often limited in this.
He has no right to take the initiative, with rare exceptions, and he considers the case on the basis of the materials submitted by the applicant and within the framework of the stated requirements. And his decision has priority over the decisions of other bodies and officials.
How to protect copyright
The law provides certain protection to authors of literary works, photographs, paintings, and musical works. In Art. 1259 of the Civil Code of the Russian Federation indicates a list of copyright objects that are subject to protection under Russian laws.
Today, there is a Russian copyright society that is obliged to manage the copyright of its members. However, his activities cannot be called successful. And the authors independently conclude agreements, try with the help of a notary to fix the authenticity of their works, to defend themselves somehow.
Some of the authors send the original works to a deposit in Switzerland, organized by a special organization. There they are kept in case of trial.
The only body that protects rights by recognizing and recovering compensation is the Intellectual Property Court. It consists of the first instance and the cassation board.
Security methods
The arsenal of protective equipment includes:
- Writing complaints to the competent authorities;
- appeal to the court with a lawsuit or complaint about illegal actions of an official or private person.
Before going to court, you have to go through several instances in order to prove the fact of the appeals.