Some ways to protect civil rights in Russia
Evolution of views, concept, features of recognition of certain types of civil rights
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Article 12 of the Civil Code of the Russian Federation, establishing a list of ways to protect civil rights, the first place in this list is given to recognition of the right. However, the legislator shall not give a legal definition of this method and shall not name cases of its application (at least approximate). Nor does the law contain a list of rights in respect of which such recognition is allowed. In addition, the law does not regulate the list of rights that can be recognized as part of the application of recognition. However, there is no certainty in the interpretation of the term "re...
Article 12 of the Civil Code of the Russian Federation, establishing a list of ways to protect civil rights, the first place in this list is given to recognition of the right. However, the legislator shall not give a legal definition of this method and shall not name cases of its application (at least approximate). Nor does the law contain a list of rights in respect of which such recognition is allowed. In addition, the law does not regulate the list of rights that can be recognized as part of the application of recognition. However, there is no certainty in the interpretation of the term "recognition" itself. At present, there is no uniform system approach that comprehensively covers the study of recognition of rights as a method of civil rights protection. This paper describes the essence of recognition of the right in historical retrospect and in accordance with current Russian legislation. The authors have proposed a variant of legal definition of recognition of the right, disclosed and substantiated the list of rights in respect of which such method can be applied, formulated the proposed changes in the legislation.
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