Some Features of the Public Protection of Personal Intangible Benefits

Abstract

The article analyses legal protection of personal intangible benefits provided by the constitutional, criminal, criminal procedure and administrative law. Public protection, according to the author, possesses some special features such as purpose, forms, methods, order and guarantees of protection of the personal intangible rights. It is noted that the protection mechanism of personal intangible rights consists of jurisdictional and non-jurisdictional forms of protection, and of personal (self-defense), collective (social), administrative and judicial protection forms. In the article, the author specifies that justifiable defense and infliction of harm in the conditions of emergency can be considered as public methods of self-defense. Some substantial defects of these institutes interfere their effective application. According to the author, mass-meetings, processions, demonstrations, picketing can be referred to collective (social) methods of the public protection of personal intangible benefits. A special attention in the article is paid to studying the guarantees of the public protection provided to some personal intangible benefits in case of application of a jurisdictional form of protection. As a result of research, the author comes, in particular, to the following conclusions. First, the legal protection of the personal intangible benefits provided by norms of the public law has multidimensional character. Secondly, recognition of the intangible benefits as objects of legal protection in public law gives them nature of public values encroachment on which violates the rights and interests not only individuals, but the states and societies in general. Thirdly, the compensation orientation of legal protection of the personal intangible benefits isn't traced accurately in the public law and is connected with the moral satisfaction. The satisfaction of the victims, his relatives and other uncertain circle of people who knew about the socially dangerous act is a result of involvement of the guilty person to the criminal or administrative responsibility. Fourthly, the analysis of the norms of the public law allows stating that the state recognizes the special value of honor, dignity and business reputation of the officials.