O. Kuznetsova

Administrative Procedure of the Civil Rights Protection

2017. No. 1. P. 42–58 [issue contents]
The administrative order of the civil rights protection has been legally acknowledged in our country foralmost one hundred years. Nevertheless, a serious doctrinal basis is still not developed for this legalbackground. 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 todistinguish between the administrative procedure for the right protection and the administrative protectionof the civil rights, and to define subjects, objects and the types of administrative procedure for thecivil rights protection. When preparing the article, the general research methods were used (formal anddialectical logic, comparisons, descriptions, interpretations), and specific methods of cognition wereapplied (legal dogmatic method, legal hermeneutic method). The research resulted in a conclusionthat 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 theinfringed civil right through using protection ways are not the measures of administrative or other publicliability. The objects of civil legal protection exercised under the administrative procedure and coveredby Item 2 of Article 11 of the RF Civil Code, can be only infringed subjective civil rights. The subjectspracticing the administrative procedure for the civil right protection are exclusively the subjects grantedwith the public authorities. The mechanism of realization of the administrative procedure for civil rightsprotection will be different depending on the fact if the infringer of right has coordination or subordinationrelations with the aggrieved person. In the first case, authorized person forwards the claim to thesubject performing the protection as to a quasi-judicial body, in the second case, mentioned personaddresses 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 theextending of its sphere of application. The civil legislation needs a more detailed regulation of the civillegal protection methods that are to be used under the administrative procedure.
Citation: Kuznetsova O. (2017) Administrativnyy poryadok zashchity grazhdanskikh prav [Administrative Procedure of the Civil Rights Protection]. Pravo. Zhurnal Vysshey shkoly ekonomiki, no 1, pp. 42-58 (in Russian)
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