Виды гражданских прав, законных интересов физических и юридических лиц, реализуемых при участии нотариуса

The scientific article explores the influence of methods of protection of subjective civil rights on the dynamics of contractual binding legal relations. Scientific approaches to understanding the concepts of «protection» and «protection of civil rights» have been identified. Reference is made to the relevance of the concept of «protection of civil rights» as the application of a system of methods provided for by law aimed at «termination of violation, restoration or recognition of a civil right or compensation of damages caused to the entitled person». Features are described and the concept of ways to protect subjective civil rights is defined. The concepts of «means of protection» and «measures of protection» are distinguished. Special and general ways of civil rights are described. It is concluded that special ways of protecting civil rights are provided for in the legal rules governing specific legal relations, in particular with regard to contractual binding legal relations. It is determined that civil law grants every person the right to protection of his civil right in case of its violation, non-recognition or challenge. It is stated that certain types of contractual obligations apply means of protection, which are measures of liability. The relationship between «operational measures» and «methods of self-protection» has been studied, and it has been determined that operational measures are a form of self-protection methods, as they have a number of common features. It has been proven that any legal relationship is in the dynamics associated with legal facts from the moment of its occurrence to the moment of termination, which are mostly distant from each other in time and space. It is justified that both general and special ways of protecting civil rights are possible at the stage of the establishment of a contractual binding legal relationship. Along with the emergence of a legal relationship, the stages of change and termination of the legal relationship occupy a place.

Legitimate land interests and prospects of their implementation in the conditions of digitalization of land relations

The ability of an authorized person to exercise their rights without restrictions can lead to arbitrariness, negatively impacting the stability and resilience of the civil law system, as well as the ability of other entities to exercise their property rights. This is unacceptable in a rule-of-law state. Therefore, in the context of a legal state, it is necessary to develop and establish an effective mechanism for limiting property rights, one that ensures a balance between the property interests of authorized persons and the opposing rights of other individuals and the interests of society. Such limitations should promote stability, the proper development of property rights for individuals, and their appropriate exercise. Restrictions on individuals’ property rights can prevent unlawful behavior for the sake of societal interests and the rights of other authorized persons. When setting limitations, the nature of subjective civil rights must be taken into account, as they are more fundamental and primary compared to restrictions. The essence of subjective civil rights, which are exercised at the discretion of the individual, must be preserved, provided that this does not contradict important societal interests or the rights of other authorized persons. At the same time, the fulfillment of private interests, which are prioritized, should be ensured as much as possible. To this end, when imposing restrictions on the property rights of individuals, it is essential to consider the phenomena and regularities in the development of property rights, as well as the interests of other individuals and society. This idea involves the necessity of proportionate restrictions on property rights, aiming for a sufficient level of limitation while maintaining the ability to exercise property rights, considering the rights of others and societal interests. The limitations on individuals’ property rights should be based on key principles such as proportionality, reasonableness, legality, and social orientation. The application of these fundamental ideas in legal regulation helps protect the rights of individuals and ensures their proper exercise in compliance with the rights of all subjects of civil law. A promising and practically significant approach to identifying the specific characteristics of restrictions on individuals’ property rights, according to Ukraine’s civil law system, is their classification within the major civil law institutions that govern property rights (property law, contract law, non-contractual obligations, and inheritance law). One of the prerequisites for establishing restrictions on individuals’ property rights is the public interest or societal necessity that justifies limiting an individual’s rights.

The article raises the problem of developing an effective mechanism for protecting the civil rights and legally protected interests of the Special Military Operation participants and their family members. It is shown that the norms of the current substantive legislation provide the SMO participants and their family members with a wide range of additional rights and increased social guarantees, which allows us to speak about their special civil legal personality and at the same time requires the inclusion in the procedural legislation of special rules for considering cases arising in connection with the implementation of their special legal status. It is proved that the domestic system for the protection of civil rights, freedoms and legitimate interests should include a notary public, implementing both legal prevention and, in cases provided for by law, the protection of violated or disputed civil rights and legitimate interests. It is proposed to expand the functions of the notary and to consolidate the notarial form of establishing legally significant facts and legal statuses, which is especially important for the implementation of the rights granted to the participants of the SVO and their family members.

During Associate Justice William O. Douglas’s long tenure on the Supreme Court bench, from 1939 to 1975, a variety of cases came before the Court that affected American public life and the concepts of individual and civil rights. The mid-twentieth century was a tumultuous and pivotal time in American history that was marked by major international conflicts, such as World War II, the Cold War, and the Vietnam War, as well as major domestic movements, notably the civil rights movement. Douglas’s opinions demonstrate his judicial priorities—protection of civil and individual rights, including the right to privacy; near-absolute deference to the First Amendment; and environmental protection. Douglas addressed cases not just from within the narrow confines of case-law precedent but also from what he saw as the social ramifications of the particular questions contested in the cases. The Supreme Court case Griswold v. Connecticut overturned the conviction of Estelle Griswold and C. Lee Buxton for violating an 1879 Connecticut law that prohibited the provision of contraceptive devices, medicines, or advice—even to married couples. The case definitively established a constitutional right to privacy among married couples.

Проблема создания в современном российском обществе собственной концепции защиты гражданских прав, в частности, зависит от инструментария правотворческого процесса. В статье обоснован тезис о том, что допустимо применение инструментария рецепции. Целесообразно рассматривать дозированное правовое заимствование, проводимое с учетом многочисленных обстоятельств, включая достижения отечественной правовой науки. Создание новой правовой нормы должно быть идейно наполненным, осуществляться профессионалами при наличии у них соответствующих полномочий (компетентными органами), опираться на достижения юридической техники национального права, а также учитывать более развитые правовые формы иностранных правовых систем государств, имеющих схожую правовую культуру. Особое внимание в статье уделено самому явлению рецепции в правовой сфере, представлено его определение. В статье дана оценка возможности рецепции для российского правопорядка по отношению к Республике Беларусь, Республике Казахстан и Китайской Народной Республике. Автором выбраны следующие критерии сопоставления: идентичность социокультурных и правовых систем, уровень правовой разработки института защиты гражданских прав, возможность усвоения (восприятия) российской системой права заимствованного материала в сфере защиты гражданских прав, мера заимствования, возможность модернизировать институт защиты гражданских прав России с учетом заимствования. Автором проведен сравнительный анализ содержания правовых норм гражданских кодексов перечисленных стран, посвященных способам защиты гражданских прав и прав личности, с аналогичными гражданско-правовыми нормами, содержащимися в ГК РФ. В заключении статьи сформулирован вывод о возможных перспективах по совершенствованию действующего российского гражданского законодательства с учетом опыта перечисленных зарубежных стран. The problem of creating in modern Russian society its own concept of civil rights protection, in particular, depends on the tools of the law-making process. The article substantiates the thesis that the use of reception tools is permissible. It is advisable to consider metered legal borrowing, carried out with account of numerous circumstances, including the achievements of domestic legal science. The creation of a new legal norm should be ideologically filled, carried out by professionals with the appropriate powers (competent authorities), based on the achievements of the legal technique of national law, and taking into account the more developed legal forms of foreign legal systems with a similar legal culture. The article pays special attention to the phenomenon of reception in the legal sphere, its definition is presented. The article assesses the possibility of reception for the Russian law and order in relation to the Republic of Belarus, the Republic of Kazakhstan and the People’s Republic of China. The author uses the following comparison criteria: the identity of socio-cultural and legal systems, the level of legal development of the institute for the protection of civil rights, the possibility of assimilation (perception) by the Russian legal system of borrowed material in the field of civil rights protection, the degree of borrowing, the possibility of modernizing the institute for the protection of civil rights of Russia with regard to borrowing. The author conducts a comparative analysis of the content of the legal norms of the civil codes of the listed countries in terms of the ways of protecting civil rights and individual rights, with similar civil law norms contained in the Civil Code of the Russian Federation. Finally, the article formulates a conclusion about possible prospects for improving the current Russian civil legislation, considering the experience of the listed foreign countries.

This paper analyzes the need for civil rights protection in maritime law enforcement from the background and current situation of maritime law enforcement. Firstly, maritime law enforcement is of great significance to the maintenance of national security and maritime rights and interests, and by combating illegal and criminal activities at sea, national interests and the legitimate rights and interests of citizens can be protected from infringement. Secondly, maritime law enforcement involves protecting the legitimate rights and interests of the general public, such as fishery resources and the marine environment. Safeguarding these rights and interests is a crucial aspect of maintaining social justice. Finally, by enhancing public awareness of the rule of law, citizens can be made more aware of the law, respect it, and be able to defend their rights in accordance with the law when their rights and interests are infringed upon. The current problems in the protection of citizens' rights in maritime law enforcement in China are discussed, and corresponding countermeasures and suggestions are put forward. By improving laws and regulations, strengthening the construction of law enforcement teams, enhancing the transparency of law enforcement, and ensuring the participation and supervision of citizens, it will provide robust support for safeguarding the rights of citizens in China's maritime law enforcement, thereby fostering the sustainable development of China's maritime industry.

The article aims to investigate the issue of the mechanism of protection of civil rights and the differentiation of procedural forms of protection of the right to medical assistance. The article examines the existing doctrinal approaches to the definition of the concept of "protection of civil rights", "means", "forms", "methods of protection of civil rights" arising in the field of providing medical assistance and health care. The work states that the methods of protection of rights are actions provided for by law, which are directly aimed at the protection of rights. They are final acts of protection in the form of material and legal actions or jurisdictional actions, which are aimed at eliminating obstacles in the way of subjects exercising their rights (interests) or at stopping the offense, restoring the situation that existed before the offense. Instead, the form of protection characterizes the order of protection and constitutes a set of internally agreed measures for the protection of subjective rights and protected interests that take place within the limits of one legal regime. Emphasis is placed on the fact that in the field of health care, first of all, the patient has the right to independently determine, by means of which form to protect his rights, which, in his opinion, have been violated during the provision of medical care. It can be the application of various pre-trial procedures, administrative appeal or appeal to the court. The article analyzes the implementation of judicial, pre-judicial and administrative forms of protection of a person's medical right in the field of health care. It was concluded that the non-jurisdictional form of protection of the patient's rights is a form of protection, in the implementation of which the patient can independently choose self-defense measures that are not prohibited by law and correspond to the nature of the actions that violated his right, as well as the consequences caused by the offense.

The article examines the peculiarities of self-defence as a form of protection of civil rights, in particular, under martial law. The author establishes that the Civil Code of Ukraine provides for various possibilities of protection of civil rights, among which scholars distinguish jurisdictional and non-jurisdictional forms of protection. It is found that jurisdictional forms of protection are specified in current legislation and are carried out by various bodies specially authorized by the State for this type of activity with a specific procedure inherent in each of them. Jurisdictional forms include judicial, administrative and notarial forms. The article shows that non-jurisdictional forms of civil rights protection do not have a clear legislative definition and allow for any actions which will contribute to the protection of the violated right or prevent such a violation. Self-defence of civil rights belongs to non-jurisdictional forms of protection and should be carried out with the use of countermeasures which are not prohibited by law and do not contradict the moral foundations of society. The author proves that the protection of civil rights in arbitration or international commercial arbitration can be classified as non-jurisdictional (alternative) ways of protecting civil rights only if the parties to arbitration (arbitration) proceedings voluntarily comply with the decisions of these non-state bodies. If a party to the conflict refuses to enforce an arbitral award or international commercial arbitration decision made in favour of the other party, jurisdictional remedies may be applied by the interested party applying to the court for recognition and enforcement of the international commercial arbitration award if its seat is outside Ukraine (Article 474 of the Civil Procedure Code of Ukraine) or to issue a writ of execution to enforce an arbitral award (Article 483 of the Civil Procedure Code of Ukraine). If such applications are subject to state coercion in the form of enforcement of arbitral awards or international commercial arbitration by the State Enforcement Service (Article 3 of the Law of Ukraine ‘On Enforcement Proceedings’), this form of protection cannot be considered self-defence, as in this case the activities of the judicial authorities and the State Enforcement Service, i.e. jurisdictional bodies, are carried out. The author suggests that in the time of war which our country is currently experiencing, the importance of self-defence as a legal opportunity to protect one’s civil rights without involving the assistance of state institutions is growing significantly. It is stated that self-defence is the least legally regulated form of civil rights protection and requires more detailed legal regulation.

The paper examines the connection between online security and the protection of civil rights from a legal viewpoint, that is, considering the different types of rights and interests that are at stake in national and international law and whether, and to what extent, they concern matters of balancing. Over the past years, the purpose of several laws, and legislative drafts such as ACTA, has been to impose “zero-sum games”. In light of current statutes, such as HADOPI in France, or Digital Economy Act in UK, the paper intends to illustrate how more satisfactory solutions are feasible in the field of online security, such as the new “Police and Criminal Justice Data Protection Directive” that the European Commission presented in January 2012. At least in Western legal systems, it should be clear that either civil rights prevail over security (no balancing), or such balance has to satisfactorily protect individual rights (proportionality).

This article analyzes the formation and protection of civil rights and duties based on the Concept of improving the civil legislation of the Republic of Uzbekistan, approved by the Decree of the President of the Republic of Uzbekistan No F-5464 dated April 5, 2019. It analyzes the legal nature of the decisions of the meeting as a basis for the formation of civil rights and duties, their place and essence as a legal fact based on foreign law, and substantiates proposals to include provisions on the decisions of the meeting in the new edition. The rules on the independence of civil rights from political rights were also analyzed in terms of their impact on the emergence of civil rights and duties, and the idea of including them in the new edition of the Civil Code was put forward. In addition, this article analyzes the issue of including in the FC the norm of the right of a person to the protection of his civil rights in case of violation, non-recognition, or conflict. In addition, the article examines the conditions, criteria, and limits of self-protection of the individual to the FC, and argues that the new requirements in this regard should be reflected in the legislation. The issue of defining the rules for the institution of lost profits in the protection of civil rights is also relevant today, and it is necessary to establish clear conditions for determining the existence and amount of lost profits. At the same time, the rules on compensation for damages caused by state bodies and officials in the protection of civil rights are also relevant today, as they are regulated on the basis of modern realities.

The article is devoted to the analysis of the legal category of property rights, considered as subjective civil rights. The author focuses on the study of the general category of subjective civil rights. It is noted that the prevailing point of view in the doctrine is the understanding of subjective civil rights as a measure of possible (permissible) behavior of an authorized person. However, this is not the only position of scientists. In particular, many scientists reveal the legal nature of the concept under consideration through the possibility of demanding certain behavior from an obligated person, the possibility of using a mechanism of state coercion in case of non-fulfillment by an obligated person and the possibility of an authorized person using a certain social good on the basis of subjective civil law belonging to him. The article highlights the doctrinal discussions about the possibility of the existence of subjective law "outside the legal relationship", as well as the criteria for distinguishing absolute and relative legal relations. As a result of the conducted research, the author formulated the following theoretical definition of property subjective rights, which are proposed to be understood as a means of satisfying the property need (interest) of an authorized person, by its legal nature expressed in the possibility of a person's behavior secured and protected by the norms of objective law in relation to the object of subjective civil law (in absolute legal relations) or in relation to a third person (in legal relations of obligations).

The article examines the phenomenon of digital transformation of subjective civil rights, which is the most important characteristic of civil circulation in the information society. According to the author, digital transformation is a systemic change in the main features and content of subjective law under the influence of digital technologies, with the help of which new types of property are constructed, namely cryptocurrencies, digital rights, tokens, databases, and other virtual objects. The characteristic properties of such objects, first of all, the absence of a material substrate, that is, physical, material expression, make it difficult to characterize them as things, in the traditional meaning of this concept. However, the needs for the development of civil turnover in the context of the digitalization of the economy makes it necessary and inevitable for the participation of various types of digital property as objects of both property and contractual rights. The civil circulation of digital objects becomes possible as a result of endowing the latter with the properties of things or actions, which implies the formation of appropriate legal regimes. Since the legal regime, as shown in the work, includes three main elements, namely, objects of rights, subjective civil rights and regulatory means, digital transformation affects all these elements, contributing to their modification. At the same time, the main attention in the work is paid precisely to subjective civil rights, which, in a situation of underdeveloped regulatory regulation, are the main regulator of digital property turnover. Considering the prospects for the digital transformation of subjective civil rights in the context of the digitalization of civil law and order, the author comes to the conclusion that the processes considered in the work will affect not only the sphere of property rights, but also the personal non-property rights of subjects. The analysis performed allows us to formulate some proposals for improving the current civil legislation, contributing to its further reform.

The practice of marriage without official registration (nikah 'urfi) has shown a significant increase in various Muslim countries, including Egypt and Indonesia. This phenomenon has generated tension between religious validity and state legal recognition, giving rise to social and legal problems as well as challenges in the protection of civil rights, particularly for women and children. This article aims to analyze the fatwa of Ali Jum’ah on nikah 'urfi using the framework of maqasid al-sharia. This study employs a normative–philosophical approach through content analysis, combined with a comparative examination of Ali Jum’ah’s fatwa and classical as well as contemporary fiqh literature. The findings indicate that although Ali Jum’ah acknowledges the formal validity of nikah 'urfi from a fiqh perspective, he considers the practice to be contrary to the maqa?id al-sharia because it threatens the protection of lineage (hifzh al-nasl), human dignity (hifzh al-'ird), and civil rights (hifzh al-huquq). Consequently, marriage registration is viewed as a shari' obligation aimed at safeguarding family welfare and ensuring social stability. This article concludes that Ali Jum’ah’s maqa?id-based approach represents a model of contemporary ijtihad capable of bridging classical fiqh and the legal demands of the modern nation-state.

The article is devoted to defining the concepts and goals of public administration in the security and defense sector. The author stated that public administration in the security and defense sector is currently developing at a very fast pace, which is associated both with the need to concentrate efforts of the state and civil society to repel Russian aggression, and with the intensification of the process of North Atlantic integration. Taken together, these factors confirm the relevance and importance of defining the concepts and objectives of public administration in the security and defense sector. The article clarifies that the new paradigm of public administration does not deny taking into account and using the previous successful experience in the functioning of state institutions, including military formations. Conversely, the reasons for ineffective activity in different areas should be the subject of scientific analysis in order not to repeat the mistakes of the past in the future. The main criteria for the effectiveness of public administration in different historical periods must necessarily cover the protection of human and civil rights and freedoms, as well as the implementation of the principle of humanism. The article formulates the definition of public administration in the security and defense sector as a complex of administrative and legal means, the combination of which allows transforming public relations to achieve a higher level of protection of human and civil rights and freedoms, strengthening the defense capability of our state and reducing the impact of threats to national security. The author proposes defining the goals of public administration in the security and defense sector. It was found that they cover: a) provision, protection and renewal in violation of national interests from external and internal threats to the national security of Ukraine; b) provision, protection and renewal in case of violation of the rights and freedoms of individuals and legal entities in their relations with subjects of the security and defense sector; c) improvement of the military command and control system.