A Legal Conflict in Civil Right Protection Mechanisms

Abstract

The concept of legal conflict is General (cross-sectoral) and at the same time basic in private and public legal mechanisms for the protection of civil rights, along with the issues of choosing the appropriate method of protection, jurisdiction of the dispute, and compliance with the officially established order (procedure). In the context of legal conflict, it is practically significant to study the causes of the conflict, the dynamics of development and the possibility of conflict management. The author assumes that legal conflicts based on legal and individual (contractual, local, judicial) regulation are considered in two forms (types) as unregulated (consensual, non-confrontational) and qualified (law enforcement, confrontational), reflecting the development of legal relations from erroneous actions to tort. Conflicts aimed at restoring the violated (disputed) right allow resolving disputes about the law, the legality of (unfair) actions (inaction), and overcoming the shortcomings of legislation. In this regard, civil-legal and administrative-legal disputes are crucial.