Protection of civil rights

What is the concept of human rights? If to explain in simple language, the whole point is in the ability to do something, dispose of something. Civil rights are connected with the use of property or some kind of non - material goods. All the main provisions regarding them are listed in the Civil Code.

Civil rights are numerous. We can become their owners as a result of:

- conclusion of a transaction or agreement;

- Judgment by a court of a certain decision;

- on the basis of a state act or an act of local self-government;

- at acquisition of property;

- in the event that they created a work of literature, science, art, invented something, and so on.

The exercise of civil rights is possible only within acceptable limits. The point is that, in carrying them out, we must not break any laws or any rights of other people.

Protection of civil rights

Infringement on someone else's - this is a very common phenomenon. Protection of human rights in Russia is carried out in different ways. What specifically can be said about civil rights? There are two types of protection: it is jurisdictional and non-jurisdictional.

Non-judicial protection of civil rights can be carried out by a private person whose interests are violated. It is important to note that it is carried out by them independently. Jurisdictional protection of civil rights is exercised by state or some other authorized bodies. Cases are considered not only in judicial, but also in administrative order.

How is the self-protection of these rights? An important condition is the inadmissibility of violating the limits that are necessary to suppress external actions. Standard examples of self-defense are necessary defense and, of course, an extreme necessity. Immediately note that the limits of neither one nor the other can not be violated under any circumstances. If this rule is neglected, then you can even get a criminal record under the criminal article.

Protection of civil rights - measures that are aimed at challenging or suppressing violations of subjective rights (civil), as well as to eliminate the consequences that arose as a result of these violations.

The list of methods of protection is considered to be exhaustive, however, it should be noted that judicial practice often resorts to its expansion.

In general, the protection of civil rights is carried out in the following ways:

- restoration of the situation that existed before there was an illegal encroachment;

- recognition of the law;

- a disputable transaction may well be declared invalid;

- the court has the right to award compensation for harm (moral) ;

- a person has the right to demand and collect penalties, and full compensation for damages;

- an act of a state body can be declared invalid (the same applies to municipal acts).

All the methods that were listed above are considered quite widespread and highly effective. Of course, they are standard.

A person committing unlawful acts that violates someone's civil rights should be prepared to not only stop encroachments, but also to compensate for the harm done. Under civil law, it is possible not only to compensate for losses, loss of profit, but also moral damage. In general, we note that moral harm is a concept rather abstract. The ability to demand compensation makes our legislation more humane, advanced, civilized. The bottom line is that a person, encroaching on something alien, now realizes the possibility of negative consequences from the state, even if the damage to the object of the offense will not be inflicted.