The order and ways to protect civil rights

Man as a subject of law has the ability to do soto protect their rights - 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 legislative 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, forms and methods of protection are distinguishedcivil rights. 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. In the jurisdictional form, the authorized bodies of the state operate when the person whose rights are violated appeals 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 sanctioned in a legal way.

The ways to protect civil rights areapproved by law or sanctioned by law measures of substantive law, which 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 the losses that were caused by such a violation.

In the Civil Code of the Russian Federation there is a special article12, devoted to this issue, and she lists eleven different ways in which such protection can be implemented. 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 certificate 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) has the right to appeal in court, the rights of which were violated as a result of the issuance of such an act. This calls for another way to protect the law, namely, the court's failure to apply an act or document that contradicts the law, or a document 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 rights that are notrequire mandatory 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 situation that existed before that right was violated is restored; when actions that threaten the realization of law or even violate it are thwarted. Civil legislation provides in some cases and such ways of protection of civil rights, as an independent defense or the decision of the infringer 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 a court, that is, in a jurisdictional order.