The modern trend of world legal thoughtto steadily follow to the peak of its perfection, to create the foundations of a lawful state, finds its manifestation in a huge number of the most diverse products of lawmaking activity. Being the core of legal bases of each state, the idea of an ideal legal society is fixed in the main law of each state (the constitution), in codes of laws in the form of codes, separate legislative acts.
Отрасль гражданского права занимает существенную share of the legal field of the Russian Federation. The voluminous civil code is supported by a wide list of additional laws and by-laws. The purpose of this powerful legislative complex is the implementation and protection of civil rights.
Особенностью возникновения гражданских прав, as well as responsibilities, is the existence of at least one basis. They can be a transaction, a contract, an act of a state body, an act of a body relating to the system of local self-government, a court decision, the acquisition of a certain property, the creation of an invention or a work of art, literature, science. This list includes unjust enrichment, as well as other actions of citizens.
Often due to various circumstancesindividuals physical and legal refuse protection or purposefully deviate from the restoration of their rights. But the peculiarity of the legislation of the Russian Federation is that its goal - the exercise and protection of civil rights - does not involve the termination of these rights. True, here, too, there were exceptions, which are stipulated by the laws.
Covering various spheres of civilrelationships in society, the exercise and protection of civil rights has broad powers, but it is not unlimited, and fits into strictly defined by the law framework. The limits of the exercise of civil rights involve limiting the actions of citizens (or legal entities) in order to prevent any harm to outsiders. The development of market relations has set before the domestic law the task of limiting the use of the concept of civil rights in an unfair way with the aim of narrowing competition or abusing a privileged (dominant) position in the market.
Обладая широтой возможностей по защите своих civil rights and freedoms, physical and legal persons are encouraged to use legislation that promotes the implementation of measures that protect subjective civil rights and interests. Two forms of protection presuppose the existence of a jurisdictional and non-jurisdictional method.
The division is conditional and matters in the course oftheoretical study of the issue. If non-jurisdictional form of protection is used, a private person protects the disputed rights independently. It is customary to call the exercise of protection of rights by a state or other authorized body the legal form. In the framework of this method, administrative and judicial procedures for the exercise of rights by citizens are envisaged.
If we consider this issue in a simplified form, the exercise and protection of civil rights presupposes the existence of administrative, judicial form, as well as self-defense.
The preparation of civil cases for litigation is inherently an extremely important exercise, taking second place in the civil process after commencement of proceedings.
The stage of the examination of the case drawsthe solution of the question in time, but it presupposes a thorough study of the essence of the matter and its solution in a judicial procedure with all the consequences arising from this process.
Prepare for implementationpreliminary hearing, at which the final stage of the preparation of the case for the main trial takes place. The plaintiff is required to properly issue an application to initiate civil proceedings in the case and provide an exhaustive set of evidence. The judge is to give a legal assessment of the facts proposed on both sides, to make sure of their truth and to make the right decision on the essence of the matter.
