What is the concept of human rights? If you explain in simple terms, the whole point is the ability to do something, to dispose of something. Civil rights are associated with the use of property or some intangible benefits. All the main provisions regarding them are listed in the Civil Code.
Civil rights are numerous. We can become their owners as a result of:
- conclusion of a transaction or an agreement;
- the court makes a specific decision;
- on the basis of a state act or an act of local self-government;
- upon acquisition of property;
- in the event that they created a work of literature, science, art, invented something, and so on.
The exercise of civil rights is possible only to the extent possible. The point is that, in implementing them, we must not violate either the laws or any rights of other people.
Civil Rights Protection
Assault on someone else's is a very common occurrence. The protection of human rights in Russia is carried out in various ways. What exactly can be said on civil rights? There are two types of protection: it is jurisdictional and non-jurisdictional.
Non-jurisdictional protection of civil rights may be carried out by a private person whose interests are violated. It is important to note that it is carried out by him independently. Jurisdictional protection of civil rights is carried out by state or some other authorized bodies. Cases are considered not only in court, but also in administrative order.
How are these rights self-protected? An important condition is the inadmissibility of violating the limits that are necessary to suppress third-party actions. Standard examples of self-defense are a necessary defense and, of course, an extreme need. We immediately note that the limits of neither one nor the other can be violated under any circumstances. If this rule is neglected, then you can even get a criminal record under a criminal article.
Protection of civil rights - measures that are aimed at challenging or suppressing violations of subjective rights (civil), as well as eliminating the consequences that arose as a result of these violations.
The list of protection methods is considered to be exhaustive, however, it is worth noting that the judicial practice often resortes to its expansion.
In general, the protection of civil rights is carried out in the following ways:
- restoration of the situation that existed before the illegal encroachment took place;
- recognition of law;
- the disputed transaction may well be invalidated;
- the court has the right to award compensation for harm (moral) ;
- a person has the right to demand both the recovery of the forfeit and the full compensation of losses;
- an act of a state body may be declared invalid (the same applies to municipal acts).
All methods that were listed above are considered quite common and highly effective. Of course, they are standard.
A person committing unlawful acts that violates one's civil rights should be prepared for the fact that he will not only have to stop the encroachment, but also to compensate for the harm done. According to civil law, not only compensation for losses, lost profits, but also moral damage is possible. In general, we note that moral harm is a concept rather abstract. The ability to demand compensation makes our legislation more humane, advanced, civilized. The bottom line is that a person, encroaching on something alien, now realizes the possibility of negative consequences from the state, even if the object of the offense is not harmed.