Restoration of Violated Civil Rights out of Court
Abstract
The article deals with the current problems of civil rights and liability protection in the implementation of the protective function of civil law in contractual and non-contractual relations with the help of self-defense measures and measures of operational impact. The author believes that the main feature of self-defense measures is the compensatory nature. It is expressed in the fact that self-defense measures are applied in the event of a violation of subjective civil law (or when there is a threat of its violation) in order to protect the violated right. In connection with these features, self-defense is classified as a means of protecting civil law. The article contains a conclusion that could be considered disputable attempts of attributing to this method of protection of the right of action, which consists in the installation of alarms, locks, marking things, etc. In such a situation, there is no violation of civil law. The corresponding actions are aimed at preventing violations of civil rights, are not a measure of influence on a person and are implemented within the framework of a regulatory legal relationship. The necessary defense is used by civil law subjects to protect their personal non-property rights or property rights in a situation where the violator tries to destroy, damage or take possession of the property of the holder of the right to self-defense. The owner or holder of a non-property right has the right to take independent actions to protect their rights in the event of an unlawful encroachment on them. The latter is a legal fact that leads to the emergence of a protective relationship for the implementation of the necessary defense. Actions in conditions of extreme necessity are also implemented within the framework of a protective legal relationship. This legal relationship is aimed at ensuring the protection of absolute civil rights in conditions of extreme necessity caused by circumstances that do not depend on the will of the person, or the behavior of the subject of civil law (lawful or illegal actions). The law allows in such a situation, in order to protect a more important good, the possibility of causing less significant harm. A protective legal relationship for the implementation of this measure of self-protection occurs if there is a real threat to the life, health, property of the harmer or a third person, which must be protected from destruction or damage.
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