APPLICATION BY THE COURTS OF EFFECTIVE METHODS OF PROTECTING CIVIL RIGHTS

Abstract

Purpose. The purpose of this scientific article is to determine the criteria for establishing and the procedure for applying effective methods of protection of subjective civil rights by courts. Method. The methodology of scientific research involves a comprehensive analysis of the main scientific and theoretical approaches and materials of judicial practice with the formulation of generalized conclusions regarding the solution of the outlined scientific problem. During the research the following methods of scientific knowledge were used: system method, methods of formal logic, analysis and synthesis, abstraction, formal-dogmatic method, system-structural method. Results. As a result of the study, a list of authorized persons entitled to choose an effective method of protection of subjective civil law was determined, the criteria for determining an effective method of protection of the right and the legal consequences of the plaintiff's choice of an ineffective method of protection of subjective civil law were formulated. Originality. In the course of the research, the definition of the concepts "protection of civil law" and "method of protection of law" was improved, the criteria for determining the effectiveness of the method of protection of subjective civil law developed by legal science and judicial practice were supplemented, and recommendations were formulated for their application by courts. Practical significance. The results of the study can be used in the practical activity of lawyers in the formation of a legal position and choosing a way to protect subjective civil rights and in the practical activity of judges in the process of consideration and resolution of civil cases.

Keywords

• civil law
• civil proceedings
• judicial protection
• renewal of the violated right
• claim
• legal dispute