Judicial protection of civil rights

Jan, 17 2024


In the process of carrying out a particular activity, legal relations arise between companies and citizens. Sometimes it happens that there are disagreements between the parties to the legal relationship, and disputable situations arise. In order to resolve such situations, the parties to the dispute are often forced to apply to the judicial authorities. The concept of “justice” includes the settlement of any disputes in court. 

The honor and dignity of citizens depends on the outcome of the trial as well as the business reputation of a commercial entity, which is important in its subsequent operation on the market. 

The courts which protect civil rights can be found in this article.

What does judicial protection mean?

The protection of civil rights in court implies the application of measures against the violator by state authorities. The protection of rights is understood as an activity in the use of a specific means that provides protection and leads to the prevention of legal rules’ violation. 

Article 12 of the Civil Code of the Russian Federation provides for a list of ways to protect civil rights in court. Any person who believes that his / her legal rights and interests have been violated has the right to file a claim with a court in order to protect the rights in court and demand:

  • compensation for non-pecuniary damage;
  • refund of the penalty; 
  • termination or change of legal relations and other things.

It is possible to recover two types of damages from the violator: real damage and lost profits. The actual damage includes all the costs and expenses incurred by the victim. Lost profits imply compensation for lost income. The determination of the amount of compensation is calculated from the usual conditions of civil turnover.

Where to get protection of your rights

The Federal Constitutional Law “On the Judicial System of the Russian Federation ” establishes the system of courts of Russia. Civil rights are protected by the court. The defense is enforced in the courts of general jurisdiction or arbitration courts.

In some cases, the dispute may be considered by commercial court. If a conflict arises between the parties to international agreements (persons of different nationality), the consideration may be conducted by international commercial arbitration.

The principle of access to fair justice

The principle of free access to justice is one of the most significant in the Russian Federation. This provision, in particular, is contained in the Convention on Human Rights and is the basis for an objective consideration of the situation in the judicial process. Every citizen is guaranteed judicial protection of his rights and freedoms in accordance with the Constitution.

Justice implies a list of principles:

  1. Humanity.
  2. Equality.
  3. The right to appeal.
  4. Independence of judges.
  5. Fairness.

Administrative protection

The Civil Code of the Russian Federation assumes full protection of the rights of citizens in an administrative order. This happens by contacting the relevant higher authority with a claim. At the same time, the nature of the protection itself, which is performed in the cases provided for and described by the laws, is discussed. Thus, there is a possibility to resolve the situation in a pre-trial order, and the appeal to the court becomes a “backup option”.

Such a method of implementing protection contains both advantages and disadvantages. For example, the procedure for filing a claim is not subject to a state fee, and the requirements for its preparation are not strict.

Rules for appeal

If any of the parties does not agree with the decision of the court, then the party in question can file a claim of appeal to challenge the decision in the appeal procedure. The procedural legislation provides for a certain time frame for appealing a court decision. Violation of the established time frame entails the impossibility of filing an appeal. The exception are cases when the person had good reasons, and he can confirm this with the appropriate documents. 

Thus, the right to judicial protection of legal rights and interests is one of the fundamental constitutional rights of a citizen. Judicial protection is provided by the relevant state judicial authorities.

Author of the article
Judicial protection of civil rights
Valentina Khlavich
Managing Partner
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