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The concept, methods, principles and terms of the exercise of civil rights

The exercise of civil rights, the performance of duties represent the most relevant areas of state policy. It, in turn, acts as a whole as established by law, based on the provisions of the Constitution of the Russian Federation, systematic, stable and consistent activity of authorities. State policy is focused on the formation of an effective mechanism that ensures the exercise of civil rights and obligations. The aim of this activity is to create a holistic structure of legal regulation of this area. Next, we consider in more detail what constitutes the exercise of civil rights: concept, limits of implementation. exercise of civil rights

General information

The exercise and protection of civil rights are implemented through special legal instruments. The main one is the Constitution of Russia. Positive (objective) civil law is presented as a set of norms. They regulate non-property (personal) and property interactions between entities that are legally equal, organizationally separate. Wherein subjective law expresses the measure and type of possible behavior of a specific authorized person. Together with opportunities and objective necessity, responsibility also arises. The duties include the measure and type of proper behavior of the person. The exercise of subjective civil rights and responsibility are not only in a certain ratio. They also mutually determine each other. So, for example, if the seller has the right to demand payment for his products in due time and in the prescribed amount, then the buyer is obliged to carry out these actions in the proper form.

The essence of the implementation of opportunities

Within the framework of subjective law, an authorized person is given the opportunity to choose a specific behavior consistent with the law to achieve the desired good. Such an opportunity exists as a potential, provided, fixed in the norm. At the time of its implementation, a person performs certain actions. Since that time, the actual realization of civil rights begins directly. Thus, implementation is carried out through the transformation of opportunity and necessity into reality. In science, the traditionally unhindered exercise of civil rights involves the implementation of them at the discretion of the person who owns them. The new legislation as a whole consistently complies with this definition. Articles 1, paragraphs 2 and 9, paragraph 1 of the Civil Code provide for the exercise of civil rights of their own free will and in their own interests. limits on the exercise of civil rights

Modern realities

Today, one of the pressing problems remains the implementation and protection of civil rights. Safeguarding is today considered fundamental. The doctrine, thus, using various ways of exercising civil rights, promotes the formation of a certain system in which the achievement of the goal of public policy becomes the inevitable result. The main participant in these relations is the people. His civil rights are an element of constitutional norms. In this regard, the provision of the Basic Law that all members of society have equal opportunities and freedoms, as well as liability fully applies to SOEs.

Content

One of the features of civil rights is the fact that they are subject to private sale by the parties.The content of the GP includes the following features:

  • To exercise their own rights through inaction or action.
  • To appeal to the Constitutional, Arbitration Court and the court of general jurisdiction (in some cases, to international judicial bodies).
  • Demand from other persons the observance of their interests and freedoms.
  • Use methods and tools to protect their rights.
  • To appeal to a court of arbitration (non-governmental body) to resolve the dispute.
  • Defend yourself.
  • In case of infringement of freedoms and interests, contact the authorized state authorities.

Principles for the exercise of civil rights

The first of these is the possibility of free satisfaction of one’s interests. The provisions of Articles 9, Clause 1 and Clause 2 maximize the expression of the will of citizens (expression of will). Individuals and organizations can use their capabilities both in their interests and to meet the needs of third parties. The exercise of civil rights should be free. In this case, we are talking about the fact that the state should not insist on the realization by people of their capabilities. Citizens not only have the right to protect freedoms, but can also refuse it. terms for the exercise of civil rights

Dispositiveness

It defines the limits of the exercise of civil rights. In this area, it plays a major role. So, an entity can not only exercise legal capacity at its own discretion, acquire or not acquire opportunities, but also choose a specific way of their implementation, regulate their contents within the framework of the law, dispose of them, use or not use protective measures. The quintessence of dispositiveness, therefore, consists in the presence of individuals and organizations of options for proper behavior or actions. If there is no choice, then it is impossible to independently determine the limits of the exercise of civil rights. In this case, the only acceptable model of activity turns into a necessity. It represents the obligation of a person to act in a certain way, and not otherwise. In this case, a sort of “connection of options” takes place. The concept of the exercise of civil rights "fits" with his responsibility. The performance by a person of one or another action simultaneously appears both as his opportunity and as a necessity.

Rejection of opportunities

This characteristic is considered one of the most important in the sphere of the free exercise of rights. This provision applies to both individuals and organizations. In accordance with the general rules, the refusal to exercise does not entail the termination of the rights themselves. For example, a person may or may not be able to go to court. Moreover, the waiver of the right itself is invalid. In Art. 9, paragraph 2 of the Civil Code provides for cases of exclusion from these rules. In particular, we are talking about the refusal of the heir to inherit. Moreover, this action cannot be reversed in the future. The category of exceptions may also include the exemption by the creditor of a due person from the liability liable to him. So, for example, the heir may practically not take possession of the property and not file a corresponding application with the notary public. However, there are deadlines for the exercise of civil rights. In particular, a person is given six months to realize their capabilities from the date of opening of the inheritance. concept of the exercise of civil rights

Structural elements

The exercise of civil rights consists of two forms of expression. They act as basic structural elements. In particular, we are talking about the process itself (dynamics) and state (statics). In the first case, we are talking about an action or a set of actions that are focused on achieving the desired outcome necessary for a person inherent in law. This is the narrow meaning of the realization of opportunities. Statics include, for example, ownership, authorship, and so on. Responsibility can be manifested in different ways.In particular, a person's duty may be to abstain from committing unlawful acts or vice versa, to carry out any prescribed actions.

Guarantees

The main task of the state is the creation of such conditions under which the exercise of civil rights would be guaranteed. Equally important are the actions of authorized bodies to prevent violations, quickly and effectively restore restrained interest or disputed opportunities. The guarantee principle is closely related to the international foundations of personal human rights. They found expression in the universal Declaration. This most important document was adopted by the General Assembly of the United Nations Organization in 1948. This principle of warranty on the one hand depends on the will of the subject. In other words, it matters how reasonably and faithfully the opportunities are realized, and the behavior complies with the requirements. On the other hand, it lies beyond the manifestation of the will of the subjects. In this sense, it predetermines the existence of a number of material, legal and other guarantees.

Ways to exercise civil rights

From the foregoing, it is clear that the key point of any subjective law is the freedom of the chosen or other behavior by an authorized person. This means that the realization of opportunities is carried out through legally significant personal active actions of a person. The methods, as emphasized in the relevant scientific publications, should be fully covered by the content of civil law. The realization of opportunities is a measure of acceptable behavior and, therefore, is the boundary of those methods in which actions are embodied. By its legal nature, the method of implementation acts as a derivative definition of civil law. The latter establishes a measure of freedom in an abstract plan. The implementation method determines the specific type of authority. It can be inaction or action. Civil law gives a person certain powers to achieve a result in one or more ways. In this regard, the implementation path in some way closes the potential to satisfy a need that is legally justified, and a hypothetically satisfied desire. The latter acts as the goal of civil law. The essence of the implementation path should not be considered in a simplified form - as an ordinary legally significant action that provokes the corresponding consequences. In this case, the method of implementation is not only a means of achieving a result. This is a form of existence of civil law itself, a process that allows a formal legal order to become reality due to the legitimate behavior of a person. principles for the exercise of civil rights

The value of the path to the realization

The appointment of civil law directly indicates that need that can be met through its implementation. At the same time, the implementation path allows you to really realize your desires, to satisfy the need. This is possible due to the powers that are contained in the content of civil law. You can schematically depict the place and role of the path to the realization of opportunities. It will look like this:

Civil law - the discretion of a person to choose one of the ways -behavior to implement - achieve the goal.

The latter is due to the purpose of the entire system (the satisfaction of a specific need). From this simple diagram it can be seen that the method of implementation is central. He acts as one of the key elements. At its core, the path to the realization of opportunities belongs to the objective-subjective category. On the one hand, its objectivity is determined by the content of the system established by law.Subjectivity is due to dependence on the discretion of the person - holder of the right. Summarizing the above, the following conclusion can be drawn: the path to the realization of opportunities is a complex of human actions. They are determined by the content of a certain competency and are focused on the satisfaction of specific needs (or interests) within the framework of the corresponding civil law.

Classification

In accordance with the attitude of the state and society towards certain methods of exercising the right by citizens or other participants, the following categories are distinguished:

  • Approved.
  • Acceptable.
  • The condemned.
  • Harmful.
  • Invalid.

By their legal nature, methods are established in:

  • Legislation.
  • Agreement of the parties.
  • Court decision.

Also, ways of exercising a number of rights may be provided for by other (non-legal) social norms. They, due to certain circumstances (historical), provide regulation of the sphere of public relations. In particular, they include: norms of traditions, customs of business interactions, religious precepts and others. For example, as a way to exercise the right to marry in a number of countries, it is not only formal registration in the registry office, but also a wedding in the church, performed according to religious canons.

Requirements

To prevent the occurrence of consequences that could negatively affect the state of society in the exercise of civil rights, the legislation of almost all countries presents certain conditions for ways to realize opportunities. In particular, the methods that a person takes as a basis when choosing his behavior must comply with legal requirements, the rules of honesty, morality and reasonableness. The means of implementation should not contradict the very purpose of civil law and go beyond its borders. The fulfillment of these requirements is regarded as appropriate human behavior.

As a result, conditions are formed under which the subject, exercising his rights, does not harm third parties and does not violate the rule of law as a whole. Failure to comply with at least one of the above requirements indicates that the person realized the opportunity in an inappropriate way. If a person has done harm to the state, another person or society when satisfying his needs, then such behavior is considered immoral, unscrupulous, unreasonable, antisocial in accordance with a specific case. However, there are also common situations in which formally the way of exercising the opportunity is legitimate, but in fact the human behavior is inappropriate.


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