Butnev, V.V. Mechanism for the protection of subjective rights

Abstract: The article substantiates the definition of the mechanism for the protection of subjective rights within the unity of the system of legal means, which serves the restoration of violated subjective rights, protection of interests protected by law, resolution of legal disputes and elimination of other obstacles in the implementation of subjective rights. The main elements of this mechanism include protective norms of law, protective legal relations and forms of protection of subjective rights as a complex of internally corresponding organizational events aimed at the protection of subjective rights within the unified legal regime. Regulative norms of law regulate normal positive behavior of subjects of social relations, while protective norms regulate behavior of subjects in conflict situations due to legal offences, challenging of a subjective right, formation of other obstacles in its implementation. The contents of protective legal relations include material protective subjective right to the protection of a victim and victim’s right to demand restoration of a violated legal position form an offender, and a corresponding protective obligation of the offender. The court is not a subject of material protective relations. Protective relationship goes through the stages of formation (primary development), specification and implementation. The transformation of a protective legal relation from one stage to another takes place due to the activities of the participants of protective legal relation or the bodies supervising the parties to the protective relationship. These acts are implemented within the framework of organizational legal forms of protection of subjective rights. All of the forms of protection are divided into local (voluntary implementation of responsibility measures by an offender, self-protection, regulation of the dispute by the parties themselves) or jurisdictional (protection of right by a superior body). The judicial form of protection is a type of jurisdictional form of protection of subjective rights.

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