Andrey Amagyrov1, E.-B. Tsyrempilova
  • 1 Buryat State University, 6 Sukhe-Batora Str., Ulan-Ude, Buryatiya, 670000, Russian Federation

Some Features of the Public Protection of Personal Intangible Benefits

2016. No. 3. P. 13–29 [issue contents]
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, possessessome special features such as purpose, forms, methods, order and guarantees of protection of the personalintangible rights. It is noted that the protection mechanism of personal intangible rights consists ofjurisdictional 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 andinfliction 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 ofthe public protection of personal intangible benefits. A special attention in the article is paid to studying theguarantees of the public protection provided to some personal intangible benefits in case of application ofa jurisdictional form of protection. As a result of research, the author comes, in particular, to the followingconclusions. First, the legal protection of the personal intangible benefits provided by norms of the publiclaw has multidimensional character. Secondly, recognition of the intangible benefits as objects of legalprotection in public law gives them nature of public values encroachment on which violates the rights andinterests not only individuals, but the states and societies in general. Thirdly, the compensation orientationof legal protection of the personal intangible benefits isn’t traced accurately in the public law and is connectedwith the moral satisfaction. The satisfaction of the victims, his relatives and other uncertain circleof people who knew about the socially dangerous act is a result of involvement of the guilty person to thecriminal or administrative responsibility. Fourthly, the analysis of the norms of the public law allows statingthat the state recognizes the special value of honor, dignity and business reputation of the officials.
Citation: Amagyrov A., Tsyrempilova E. (2016) Osobennosti publichno-pravovoy zashchity (okhrany) lichnykh nematerial'nykh blag [Some Features of the Public Protection of Personal Intangible Benefits]. Pravo. Zhurnal Vysshey shkoly ekonomiki, no 3, pp. 13-29 (in Russian)
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