Realization and protection of civil rights. From theoretical foundations to practical implementation

The modern tendency of world legal thought to steadily follow to the peak of its perfection, the creation of the foundations of the rule of law, finds its manifestation in a huge number of the most diverse products of lawmaking activity. Being the core of legal bases of each state, the idea of an ideal legal society is fixed in the main law of each state (the constitution), in codes of laws in the form of codes, separate legislative acts.

The branch of civil law occupies a significant share of the legal field of the Russian Federation. The voluminous civil code is supported by a broad list of additional laws and by-laws. The purpose of this powerful legislative complex is the implementation and protection of civil rights.

A feature of the emergence of civil rights, as well as responsibilities, is the presence of at least one basis. They can be a transaction, a contract, an act of a state body, an act of a body relating to the local government system, a court decision, the acquisition of a certain property, the creation of an invention or a work of art, literature, science. This list includes unjust enrichment, as well as other actions of citizens.

Often, due to various circumstances , individuals and legal persons refuse protection or purposefully deviate from the restoration of their rights. But the peculiarity of the legislation of the Russian Federation is that its goal - the exercise and protection of civil rights - does not involve the termination of these rights. True, here, too, there were exceptions, which are stipulated by the laws.

Covering various spheres of civil relations in society, the exercise and protection of civil rights has broad powers, but it is not unlimited, and fits into strictly defined by the law framework. The limits of the exercise of civil rights involve limiting the actions of citizens (or legal entities) in order to prevent any harm to outsiders. The development of market relations has placed before the domestic legislation the task of limiting the use of the concept of civil rights in an unfair way with the aim of narrowing competition or abusing a privileged (dominant) position in the market.

Possessing the breadth of opportunities to protect their civil rights and freedoms, individuals and legal entities are encouraged to use the mechanism that facilitates the implementation of measures that protect subjective civil rights and interests. Two forms of protection presuppose the existence of a jurisdictional and non-jurisdictional method.

This division is conditional and is important in the course of theoretical study of the question. If non-jurisdictional form of protection is used, a private person protects the disputed rights independently. Judicial form of the form is called enforcement of protection of rights by the state or other authorized body. In the framework of this method, administrative and judicial procedures for the exercise of rights by citizens are envisaged.

If we consider this issue in a simplified form, then the exercise and protection of civil rights presupposes the existence of an administrative, judicial form, as well as self-defense.

The preparation of civil cases for trial is inherently an extremely important exercise, taking second place in the civil process after commencement of proceedings.

The stage-by-stage nature of the examination of the case delays the solution of the question in time, but presupposes a thorough study of the essence of the matter and its solution in a judicial procedure with all the consequences arising from this process.

Prepare for a preliminary hearing, at which the final stage of the preparation of the case for the main trial takes place. The plaintiff is required to properly issue a statement on the initiation of civil proceedings in the case and provide an exhaustive set of evidence. The judge also has to give a legal assessment of the facts proposed on both sides, to be convinced of their truth and to make a correct decision on the essence of the matter.