The order and ways to protect civil rights

A person as a subject of law has the opportunity to defend his rights in such a way - both political and, of course, civil - so that they can be realized. Both international documents, including the UN Declaration of Human Rights, as well as national ones - namely, constitutions and legislation systems of different countries - provide this opportunity and fix it legally. In Russia, the very concept and ways of protecting civil rights by subjects of law are spelled out in the Civil Code. According to this document, the protection of rights is the possibility of taking legal measures granted to an authorized person to restore his or her violated rights or rights that are disputed. The subject of protection is, in this case, violated civil rights and interests protected by law.

Thus, the forms and methods of protecting civil rights are distinguished. The forms of protection (jurisdictional and non-jurisdictional) are a set of measures agreed upon and established by law, designed to protect subjective rights and interests. When the jurisdictional form is in effect, the authorized bodies of the state, when the person whose rights are violated, applies for protection (for example, to the authorities, submits an administrative complaint or appeals to the court). In non-jurisdictional form, citizens and organizations act independently to protect violated civil rights, and do not seek help from representatives of the authorities or local self-government, but unite for self-defense or even act alone. But non-jurisdictional form of protection must be legally sanctioned.

Ways to protect civil rights are legally enacted or sanctioned by law measures of substantive law that are compulsory in relation to the offender, with the help of which the violated rights are restored. Depending on the type or form of how to restore the violated rights, distinguish: the elimination of a violation of law, the restoration (that is, recognition) of the right and compensation for losses that were caused by such a violation.

In the Civil Code of the Russian Federation there is a special article 12 devoted to this issue, and it lists eleven different ways in which it is possible to implement such protection. But this does not mean that you can protect your rights only as described in this article. So, there are such ways of protection of civil rights, as to recognize invalidity of the right of the certain subject, or any act issued by the state or other body (for example, local government). These two methods of protection are implemented only in the courts, and in the second case, only a person or organization (legal entity) whose rights have been violated by the issuance of such an act have the right to appeal in court. This calls for another way to protect the law, namely, the court's failure to apply an act or document that is contrary to the law, or a document that was issued by a public authority or a self-governing body. This method applies both to normative and to individual legal acts of the said institutions of power.

There are also ways to protect the rights that do not require compulsory recourse to the court and can be restored voluntarily by the violator or by self-defense. For example, when a transaction is declared invalid, and the consequences of this recognition are subsequently applied in practice. Or when the position that existed before that right was violated is restored; When actions that threaten the realization of law or even violate it are thwarted. Civil law provides in some cases, and such ways to protect civil rights, as an independent defense or the decision of the offender to voluntarily restore the violated rights. It can be voluntary compensation of losses in the form of monetary compensation; Or reimbursement of forfeits stipulated in the contract or law (which may be granted voluntarily or as a result of a court decision). But the award of performance of obligations, compensation for moral damage, termination or change of relations are those forms of restoration of violated civil rights that are realized only through recourse to the court, that is, in a jurisdictional order.