Legal encyclopedia. Letter H

PROTECTION OF CIVIL RIGHTS.

The measures envisaged by law aimed at restoring and recognizing civil rights and protecting interests in case of violation and challenge.

The subject of protection are subjective civil rights and legally protected interests.

The form of protection is a set of coordinated organizational measures to protect subjective rights and legally protected interests.

There are two forms of protection:

1) Jurisdictional - the activities of authorized bodies for the protection of violated or disputed subjective rights (appeals to a court, arbitral tribunal, arbitral tribunal, higher instance);

2) non-jurisdictional - independent actions of organizations and citizens by ZPP, which are committed by them without recourse to public authorities and other

Competent authorities in a state of necessary defense and extreme necessity.

Ways of protection are statutory material and legal measures of a compulsory nature, with the help of which they are made to restore the violated rights and influence the offender.

ZGP can be implemented by:

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

2) restoration of the situation that existed before the violation of law, and suppression of actions that violate the law or threaten its violation;

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

4) invalidating the act of a state body or local government (a citizen or a legal entity whose rights have been violated by issuing an invalid act, have the right to appeal against it in court);

5) self-defense of the law (the violated right

Is subject to restoration or protection in any other manner provided for by civil law);

6) awarding to perform duties in kind (the violator must really perform those actions at the request of the victim, which he must fulfill due to the obligation binding the parties);

7) compensation of losses (satisfaction of the property interests of the victim due to monetary compensation for property losses suffered by him);

8) recovery of penalties (collected in cases directly provided for by law or by agreement, and can be reimbursed voluntarily or by court order);

9) compensation for moral harm (it is the duty of the infringer to pay the victim monetary compensation for 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 implementation in a jurisdictional order);

11) the court does not apply the act of a state body or a local authority

Self-contradicting law (applies both to

Individual and legal, as well as to normative acts of public authorities and local government authorities);

12) in other ways provided by law.

This list is not exhaustive; Other means may be envisaged by law, for example, the right of a creditor to perform work at the debtor's expense.