Demin A.A. On Relationship between the Concepts of ‘Security’ and ‘Protection’ of the Subjective Civil Right

DOI: https://doi.org/10.15688/lc.jvolsu.2018.2.17

Aleksey A. Demin, Candidate of Sciences (Jurisprudence), Associate Professor, Department of Civil Law and Procedure, N.I. Lobachevsky Nizhny Novgorod State University, Prosp. Gagarina, 23, 603950 Nizhniy Novgorod, Russian Federation, This email address is being protected from spambots. You need JavaScript enabled to view it.

Introduction: the normal functioning of the civil turnover is impossible without free and independent implementation of their subjective rights by the participants of the civil legal relations. This is possible when the law provides not only a mechanism for protecting subjective civil rights, but also a detailed regulated procedure for their implementation. The purpose of this study is to analyze the relationship between the concepts and content of subjective rights and their protection. Methods: the methodological framework for the research is a set of methods of scientific knowledge, among which the main are the historical and comparative law methods, the methods of systematicity and analysis. Results: the paper analyzes the views on the mechanism of acquisition/establishment and implementation of civil rights, as well as the mechanism of protection of subjective civil rights. As a result, the conclusion about the supremacy of the legal mechanism of acquisition/establishment and implementation of subjective civil rights is substantiated. Conclusions: the paper substantiates the approach according to which the implementation of subjective rights should be provided not so much by the mechanism of protection as by the appropriate means of acquisition/establishment and implementation of subjective civil rights. They are fundamental and essential, and the protection mechanism should be “included” as a backup and only if the civil regulation of the processes of acquisition/establishment and implementation of subjective rights will not be able to achieve the desired legal result.

Key words: implementation of civil rights, functions of civil law, subjective right, protection, infringement of the right.

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