Personal (civil) human rights ensure the freedom of the individual as a member of civil society, and their protection is guaranteed by the state. Distinguish between civil rights in a narrow and broad sense. In a narrow sense, civil rights are all tangible and intangible benefits that can and should be protected. In broad terms - the totality of all the rights and freedoms of the individual.
Instructions
Step 1
If an action was committed against you, which entailed a violation of the inviolability of your private property, then, depending on the amount of damage caused to you, you can send a statement of claim to the magistrate's court or apply first to the ATC.
Step 2
Before filing an application to the court, collect all documents proving the fact of violation of your civil rights. According to article 301 of the Civil Code of the Russian Federation, you have the right to reclaim your property from the person who misappropriated it, if it is proved that it belonged to you. Therefore, the main evidence in this case will be a certificate of ownership. In addition, receipts certified by a notary, copies of contracts under which some obligations towards you have been violated, and testimonies of witnesses can become evidence.
Step 3
If an unlawful act was committed that entailed a threat to your life, health, honor, dignity, privacy, business reputation, etc., then, in accordance with the Civil Code of the Russian Federation, you have the right to protect these intangible goods in the same way in court okay.
Step 4
Gather all the documents (witness statements, audio and video materials) and go to court with a statement of claim. Here you may need the advice of a good lawyer, since such cases are considered in court especially carefully. The defendant, well prepared for the hearing, may leave you with nothing or file a counterclaim for defamation.
Step 5
Determine exactly what requirements you will make: whether simple apologies will be enough for you (denials, in the event that the insult or encroachment on intangible benefits was committed publicly) or will you still decide to claim compensation for moral damage.
Step 6
Thus, the choice of the method of protecting civil rights is determined mainly by which rights have been violated. Compensation for damages, collection of a forfeit are used as protection of civil rights of a material nature. Suppression of actions that pose a threat to the exercise or violation of the rights of a citizen - to protect intangible interests.
