Civil Right Protection Limits: Issues of the Theory and Practice

Abstract

Civil rights protection is an independent sphere of legal activity where subjective civil rights and powers of state and local self-government bodies and their officials are implemented. Ensuring compliance (coherence, balance) of the implementation of civil rights and individual public powers with the norms(s) of the law is achieved by means of limits (rules) judicial and non-judicial protection. The limits of protection are a system concept that combines the (internal) limits (rules) of the exercise of subjective civil rights (art. 10 of the civil code of the Russian Federation) and (external) limits (rules)of the authority granted (in the proper administrative procedure). They are considered together and characterize the officially established order of protection. When resolving complex issues of law enforcement related to the type of legal proceedings, the choice of the form and appropriate method of protection, etc., the limits allow you to avoid and (or) minimize the possible risks of adverse consequences in the implementation of the right to protection. At the stages of applying, securing and restoring the violated (disputed) right, the limits determine the sequence of implementation of the methods (means) of protection, the model of behavior, the scope of actions (inaction) of the counterparty, etc.