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;
- the court rendered a certain decision;
- on the basis of a state act or an act of local self-government;
- when acquiring 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 violate any laws or any rights of other people.
Protection of civil rights
Encroachment on someone else's is verya common phenomenon. The protection of human rights in Russia is carried out in various 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 maybe carried out by a private person whose interests are violated. It is important to note that it is carried out by it 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 the 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 on a criminal article.
Protection of civil rights - measures thatare aimed at challenging or suppressing violations of subjective rights (civil), as well as in eliminating 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 listed above are considered to be fairly common and highly effective. Of course, they are standard.
A person committing unlawful acts,violating someone's civil rights, should be prepared for the fact that he will not only stop the encroachment, but also compensate for the damage. 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.
