Administrative Procedure of the Civil Rights Protection

Abstract

The administrative order of the civil rights protection has been legally acknowledged in our country for almost one hundred years. Nevertheless, a serious doctrinal basis is still not developed for this legal background. Academic and commentary statements about this procedure are so fragmentary and contradictory, that essence and purpose of the protection, conditions and the spheres of its application, its efficiency and further use perspectives remain absolutely not clear. The purpose of the article is to distinguish between the administrative procedure for the right protection and the administrative protection of the civil rights, and to define subjects, objects and the types of administrative procedure for the civil rights protection. When preparing the article, the general research methods were used (formal and dialectical logic, comparisons, descriptions, interpretations), and specific methods of cognition were applied (legal dogmatic method, legal hermeneutic method). The research resulted in a conclusion that unlike the administrative legal protection of the civil rights, which has a penalty, fine character, the application of administrative procedure of civil legal protection leads to a real restoration of the infringed civil right through using protection ways are not the measures of administrative or other public liability. The objects of civil legal protection exercised under the administrative procedure and covered by Item 2 of Article 11 of the RF Civil Code, can be only infringed subjective civil rights. The subjects practicing the administrative procedure for the civil right protection are exclusively the subjects granted with the public authorities. The mechanism of realization of the administrative procedure for civil rights protection will be different depending on the fact if the infringer of right has coordination or subordination relations with the aggrieved person. In the first case, authorized person forwards the claim to the subject performing the protection as to a quasi-judicial body, in the second case, mentioned person addresses a higher-level body or person complaining of the decision of the lower-level body or person. The revealed advantages of the administrative procedure of the civil legal defense over the court ones (simplicity, quickness, requiring no fee, possibility for the subsequent court control) should result in the extending of its sphere of application. The civil legislation needs a more detailed regulation of the civil legal protection methods that are to be used under the administrative procedure.