The protection of civil rights, forms and methods of protection is a legal mechanism that allows the implementation of measures that can protect the interests of individuals. In civil law there are no clear definitions of methods of struggle or methods of protection from violation of rights and freedoms. The possibility of such actions is indicated by the names of the articles of the code. Legislation in detail reflects the tactics of events. Protection of civil rights, forms and methods of protection make it possible to restore violated provisions, suppress illegal intentions, and recover damages caused by offenders.
What do the concepts reveal?
Under the protection of the fairness of legal norms should be understood as their recognition in violation or contesting civil interests. The existence of rights to such advocacy provides authorized persons with various legislative measures, regulations, guidelines and provisions to rectify violations.
Protection of civil rights, forms and methods of protection, like other subjective rights, make it possible:
- To make their own positive actions - operational sanctions, necessary defense.
- Require obligated persons to change their behavior with measures of influence; they are applied by the competent state authorities to which the victim addressed.
Civilian interests also belong to subjects that need protection of civil rights, forms and methods of protection.
In what forms?
It will not work to regulate public relations as a single form of protection, for this they use an integrated system, it includes coordinated organizational measures.
Protective methods may vary in form:
In the first case, the protection is carried out by state or authorized bodies that have enforcement powers. This means that the law allows you to apply to the judicial or administrative order. When non-jurisdictional protection of civil rights and freedoms is used, people do not turn to state structures for help, they perform all actions independently. A form of self-defense is applied if the operational impact on the offender provided for by the contract has been used. For example, in unilateral non-judicial refusal of contractual obligations.
Legislative level
Article 12 of the Civil Code of the Russian Federation in its content gives examples of ways to protect civil rights, reveals all the acceptable ways that secular authorities can follow.
Legislative measures provide an opportunity for recognition:
- Specific rights.
- Not valid disputed transactions with application of consequences.
- Falsity of meeting decisions.
- The inconsistency of acts emanating from state and local authorities.
The act allows self-defense of civil rights.
Signs of the phenomenon
Self-defense in jurisprudence is determined by the presence of criteria:
- exercise if rights are violated or a real threat has arisen for this;
- apply to the competent authorities unilaterally;
- there is a certain form of action;
- the implementation of the method is provided for by law or contract;
- ensures the inviolability of rights;
- prevents violations;
- eliminates the consequences.
The main traditional self-defense can be represented by:
- necessary defense;
- urgent need;
- retention of property;
- detention of the offender if there is a physical assault on a person;
- the actual retention of other people's funds to protect their interests.
The law provides an opportunity to appeal the actions of persons who independently protect civil relations in the relevant jurisdictional bodies.
Characteristic properties
Fines, penalties and forfeits shall be recognized as monetary amounts specified in the law or the contract. When the debt is obliged to repay the borrower to the lender. Debt arises from a negligent attitude to obligations under the terms of the loan. By submitting claims for payment, a financial institution is not required to confirm losses.
Compensation of moral labor involves causing physical or mental suffering. The court can determine the amount of penalties, taking into account the degree of guilt, different circumstances.
Relationships terminate or change under the influence of certain grounds. For this, legal facts are established that confirm the need to stop selling goods due to:
- Bad quality;
- non-compliance with technical requirements;
- safety breach;
- lack of product data.
Acts are not recognized by the court if they are adopted by state bodies and contradict the laws in force. The courts are considering the recognition of rights to a house or apartment. The court has the right to refuse to apply an act that has legal contradictions.
When Article 12 emphasizes the performance of duties in kind, this refers to a decision that forces the debtor to fulfill the requirements of contractual obligations. The legislative method provides for the repayment of debts in cash or by any other suitable means.
What does the law allow?
In the legal act there is no description of specific actions, applying which you can get a positive result, but the consequences are reflected, allowing:
- Restore the situation that was before the violations, nip the actions that create the basis for illegal manipulations.
- To award performance in kind.
- To pay damages.
- Exact forfeit.
- Compensate for moral harm.
- Terminate, change the relationship at the legislative level;
- Do not apply acts contrary to laws.
Mentioned in article 12 of the Civil Code of the Russian Federation the presence of other methods with a reservation, they must comply with legislative standards.
Characteristic features of the law
Lawyers in their writings opposed the scientific substantiation of defense methods from the list of legal acts with the aim of:
- recovery;
- suppressive;
- free kick.
By industry:
- civilian;
- administrative
- criminal;
- otherwise.
At the same time, legal scholars recognize the usefulness of the law, its imperfect types and techniques, as measures protecting the personal rights of citizens. Their claims are that self-defense is included in the list of legislative acts as one of the enforcement methods, while the rest are endowed with the ability to overlap each other.
Regulatory advantages
The positive side provides victims with guidance on the choice of legal instruments, after which they can use acceptable means for their case. In Art. 14 of the Civil Code of the Russian Federation, it is said that any person whose rights are violated can use self-defense expressed by:
- impact on material assets owned by the victim;
- influence on property in the possession of the offender.
The norm does not exclude the use of other methods, you can resort to the court if the other is not able to change the event.
What tactics do you choose?
The concept of the protection of civil rights includes a provision that allows the holder of infringed interests to use not whatever method he wants, but only a specific right that is acceptable. Often measures are defined by special laws; they govern civil relations. Suppose owners deprived of property may demand compensation for losses from other people's funds if they are illegally owned, such actions restore the previous situation that existed before specific violations. Often, subjective law provides a choice of protective measures.
An example is contracting when contractors:
- allow deviations from the terms in the agreement;
- degrade the quality of work;
- allow deficiencies in production processes.
If the customer finds a derogation from contractual obligations, he can choose a method to require:
- gratuitous correction of errors;
- setting reasonable deadlines;
- price reduction;
- reimbursement of repair costs.
All such actions are feasible provided that such clauses in the contract are adopted.
What do the special rules contain?
The recognition of law as a way of protecting civil rights is provided for by the Constitution of the Russian Federation. It is applicable in the law to fix special standards for the cases that are listed in Article 12. Since there are no specific methods of protection. A determination occurs under the influence of the specifics of the law and the nature of the violations. Suppose that they compensate for damage, collect debts if there are problems related to property law. Unlawful acts are suppressed, which create the basis for offenses by the typical non-property method. Legal actions show that you can choose protection under the influence of the characteristic properties of a legal problem.
When as a result of criminal acts there is a complete destruction of subjective law and nothing can be restored, the methods of protection change:
- correct damage;
- recover damages;
- indemnify naturally.
The holder of violated rights in a restrictive framework chooses the path to justice, his choice is predetermined by specific circumstances. Protection depends on the extent of the damage, methods and attacks on the rights of the individual.