The Development of Private Law Doctrine in the Field of Protection of Subjective Civil Rights
The protection of subjective civil rights was the subject of the close attention of civilists for many decades. At the same time, the accents of doctrinal substantiation acquire unique expression due to the nature of private legal policy, expressed in the principal act of civil legislation. The adoption of the Civil Code of Ukraine in 2003 as the constitution of private law for the future of civil society with a developed market economy has led to a significant intensification of scientific research in the field of the relevant issues. The provisions of the current Civil Code of Ukraine, which to a large extent formed the modern institute for the protection of subjective civil rights, became a significant factor in the development of national civilist doctrine in the post-Soviet period. The purpose of the article is to analyze and define the general vector of the private law doctrine development in the sphere of subjective civil rights protection taking into account the changes that took place in the legal regulation of the institute of subjective civil rights protection following the adoption of the current Civil Code of Ukraine and reforming the procedural legislation of Ukraine within the framework of the judicial reform. Emphasis was placed on the need to differentiate the right to remedy from the protection of rights as tangible actions directly aimed at protecting the violated right. The conclusion on the necessity of considering the category of protection of rights, first of all, in the system of the mechanism of realization of civil rights is reached. At the same time, the stage of protection of rights is recognized as an optional stage of the mechanism of realization of subjective civil law and is separated from other stages, because it has inherent features that make it impossible to combine it with the stage of formation of subjective law, as well as its realization. The relationship between the protection of rights and other civilistic categories, such as legal safeguard, legally protected interest and civil liability, has been elucidated. Within the framework of the study of the institute of protection of rights, the legal phenomenon of the misuse of a right has been analyzed. We propose an approach to the legal consequences of qualifying the method of protection as general or special in the context of law enforcement practice. The general vector of private law doctrine development in the sphere of subjective civil rights protection at the present stage is recognized to be ensuring the effective protection of subjective civil rights. It has been established that the relevant changes permeate the whole Institute of the protection of rights, starting from its doctrinal interpretation and interaction with other related institutions, up to the influence of the doctrine on the formation of new legislative approaches and actual judicial practice, since the prevailing task of court proceedings under the new procedural legislation is to ensure effective protection of the rights of the person filing a lawsuit.
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