person as a legal entity has the ability to defend their rights since - both political and, of course, civilians - so that they can be implemented.As international documents, including the Declaration of Human Rights, and national - namely, the constitution and the laws of the various countries - provide the opportunity and fix it legally.In Russia, the very concept of and methods of protection of civil rights legal entities registered in the Civil Code.According to this document, the protection of human rights - is the possibility of taking legal action, provided the authorized person to restore his or her violated rights or rights which are contested.The subject of the protection act, in this case, violations of civil rights and interests protected by law.
thus distinguish the forms and methods of protection of civil rights.Forms of protection (jurisdictional and neyurisdiktsionnaya) - a set of harmonized and statutory measures to protect the personal rights and interests.When jurisdictional form are authorized bodies of the state, a person whose rights have been violated, appeals for protection (for example, the authorities shall submit an administrative complaint or appeal to the court).When neyurisdiktsionnoy form their own citizens and organizations active in the protection of civil rights violated, and does not ask for help or to the authorities or to local government, and united to defend themselves or even operate alone.But neyurisdiktsionnaya form of protection must be authorized zakondatelno.
methods of protecting civil rights - is authorized by law or authorized by the law measures of substantive law which are of coercive nature against the offender, through which restored the violated rights.Depending on the type or form of how to restore the violated rights are distinguished: the elimination of violations of law, the restoration (ie recognition) rights and compensation for the losses that were caused by such breach.
the Civil Code Article 12 is a special, dedicated to this issue, and it lists eleven different ways of how to implement such protection.But this does not mean that defend their rights only as described in this article.So, there are ways to protect civil rights, like the right to invalidate the specific subject, or an act issued by a state or other authority (eg, local government).These two methods of protection implemented only through the courts, and in the second case, the right to challenge in court is only the person or organization (legal entity), rights have been violated as a result of the publication of the act.In common with this is another way to protect the rights, namely the non-use by the court contrary to the law or act of a document that was issued by a public authority or government authority.This method applies to both regulations, and individual legal acts of these institutions.
There are some remedies that do not necessarily require recourse to the courts and can be restored either by the offender voluntarily self-defense.For example, when any transaction is invalidated, and the consequences of this recognition are applied in practice in the future.Or when restored the situation that existed before this right was violated;When intercepted actions that threaten the realization of the right, or even break it.Civil law provides in some cases, such methods of protecting civil rights, such as self-defense or decision of the offender voluntarily restore the violated rights.It may be voluntary compensation of losses in the form of monetary compensation;or reimbursement provided for by contract or law penalties (which may be provided voluntarily or by court decision).But the award to the fulfillment of obligations, compensation for moral damages, the termination or modification of the forms are provootnosheny restore violated civil rights, which are realized only through an appeal to the court, that is, the jurisdictional order.
