Article 12 of the Civil Code of the Russian Federation (Civil Code of the Russian Federation) establishes certain methods of protecting the civil rights of individuals - citizens, and legal entities - organizations:
Instructions
Step 1
Recognition of the right. This method is implemented by filing a claim in court. For example, if necessary, recognize the ownership of a thing, property that arose due to acquisitive prescription (Article 234 of the Civil Code of the Russian Federation).
Step 2
Restoration of the situation that existed before the violation of the right, and the suppression of actions that violate the right or create a threat of its violation. For example, a violated right to a land plot is subject to restoration in the event of unauthorized occupation of a land plot (Article 60 of the Land Code of the Russian Federation - LC RF). The same article of the Labor Code of the Russian Federation establishes that actions that violate the rights to land of citizens and legal entities or create a threat of their violation can be suppressed by suspending industrial, civil-housing and other construction, as well as in other ways indicated in the article.
Step 3
Recognition of a voidable transaction as invalid and application of the consequences of its invalidity; application of the consequences of the invalidity of a void transaction. This method of protecting civil rights is carried out in court. The interested party specified by the Civil Code of the Russian Federation has the right to apply to the court for declaring the transaction invalid on the grounds established by the Civil Code of the Russian Federation. For example, when the authority of a person to conclude a transaction is limited by an agreement, and when making a transaction, such a person went beyond these limitations, then the court may recognize the transaction as invalid. A claim about this can be filed by a person in whose interests the restrictions have been established, in cases where it is proved that the other party to the transaction knew or should have known about these restrictions (Article 174 of the Civil Code of the Russian Federation). Transactions, the invalidity of which is subject to establishment in court, are called voidable. Transactions that are invalid, regardless of their recognition as such by the court, are called void (Article 166 of the Civil Code of the Russian Federation). Any interested person may file a claim on the application of the consequences of a void transaction. Also, the court can apply such consequences and on its own initiative.
Step 4
Invalidation of an act of a state body or local self-government body. A normative act of a state body, a local self-government body, and in cases established by law also a normative act that does not comply with the law, other legal acts and violate the civil rights and legitimate interests of a citizen (or legal entity), may be recognized by the court as invalid. In this case, the violated right is subject to restoration or protection in other ways, provided for in Article 12 of the Civil Code of the Russian Federation (Article 13 of the Civil Code of the Russian Federation).
Step 5
Self-defense is right. In other words, the law recognizes a person's right to defend his rights by his own actions. So, for example, if the owner of a garden plot discovered that a neighbor had installed a fence entering his territory, he can dismantle such a fence from the territory of his plot at any time. At the same time, as provided by article 14 of the Civil Code of the Russian Federation, the methods of self-defense must be proportionate to the violation and not go beyond the limits of the actions necessary to suppress it. That is, if the same neighbor, for example, tries to sort things out with the violator with his fists and inflict bodily harm on him, he will exceed the permissible limits of self-defense of law.
Step 6
Duty awards in kind. Here we are talking about those cases when, in contrast to monetary compensation, the court imposes on the defendant the obligation to perform a certain action in favor of the plaintiff, often this method of protection is associated with the transfer of an individually defined thing (a specific land allotment, a picture of a famous artist), which is of value to the plaintiff.
Step 7
Compensation for damages and 8) collection of a forfeit. These methods of protection can be implemented by a person both with the help of a court and out of court. For example, a person - a party to a contract may demand from the other party compensation for losses and collection of a forfeit in the cases provided for by the contract, in a complaint procedure.
Step 8
Compensation for non-pecuniary damage. In this case, we are talking about compensation for the physical and mental suffering of a citizen (the category of moral harm is inapplicable to legal entities) in monetary terms. Compensation for moral damage is regulated by Articles 1099-1101 of the Civil Code of the Russian Federation.
Step 9
Termination or change of legal relationship. An example of such a method of protection is the termination of a contract by a court at the request of a party to the contract whose rights have been violated by the other party (Article 450 of the Civil Code of the Russian Federation).
Step 10
Non-application by the court of an act of a state body or local self-government body that is contrary to the law. This method of protecting civil rights also implies the impossibility of basing their claims in court on an act of a state body or local government that contradicts the law.
The list of methods for protecting rights established by Article 12 of the Civil Code of the Russian Federation is not closed. Special legislation may also establish other ways of protecting the right.
