Challenging Issues of Restitution of Civil Rights of Parties to Economic Relations

Abstract

The restoration of violated (disputed) civil rights in the sphere of economic relations is a complex intersectoral concept that represents the results of protective legal activity. Being derived from the content of the right to protection (Article 45 of the Constitution of the Russian Federation), restoration takes the appropriate forms of law-making (federal, regional, municipal), regulatory (normative, local, judicial, administrative), law enforcement (restorative, punitive), legal explanatory (domestic, international). Expressing the legal activity of the subjects of the right to protection and the subjects of the implementation of this right, the methods of restoring civil rights take place in a conflict legal relationship in the presence of a violated (disputed) right. In the absence of these conditions, the protective activity becomes imaginary, since it does not generate legal consequences for the applicant, and the adopted law enforcement act in such conditions is unenforceable. The protection of civil rights in the civil and administrative order is based on the observance by the parties to the conflict of the officially established order (procedure). Failure to comply with the requirements for the form of protection and the procedure is not allowed to exercise the right to satisfy the stated requirements and, as a result, restore the right.