ПРАВОВЕ ВИЗНАЧЕННЯ ЗАХИСТУ ЦИВІЛЬНИХ ПРАВ ТА ІНТЕРЕСІВ

Abstract

In this article, the authors consider the protection of civil rights and interests of participants in civil relations. Based on the analysis of current legislation and the opinions of legal scholars, the authors provide a definition of "ways to protect civil rights and interests"; briefly describe the types of ways to protect civil rights and interests; identify the nuances in the application of methods of protection of civil rights and interests. The authors note that based on the analysis of current legislation, civil law does not contain a definition of ways to protect civil rights and interests. The article defines and distributes the methods of protection of civil rights according to the relevant criteria. Thus, the authors point out that the methods of protection of civil rights are in many cases provided by legal norms that regulate specific legal relations, but the authors note that this list is not exhaustive and can be extended. Based on current legislation, scholars have described the main grounds for the protection of civil human rights. It is established that the choice of the method of protection of civil rights and interests depends on some important factors, namely the nature of the legal relationship and the type of offense. In the conclusions of the authors noted compliance with the provisions of Art. 55 of the Constitution of Ukraine, when choosing a method of protection, and it is noted that it gives the opportunity to apply those methods of protection of civil rights and interests, not provided by law or contract but not prohibited by law.