Self-defense of civil rights: advice from a lawyer

Article 12 of the Civil Code of the Russian Federation names self-defense of law as one of the ways to protect rights.

As stated in Article 14 of the Civil Code of the Russian Federation, self-defense of civil rights is allowed... Methods of self-defense must be proportionate to the violation and not go beyond the actions necessary to suppress it.

Self-defense of civil rights is understood as “the commission by an authorized person of actual actions permitted by law, aimed at protecting his personal or property rights and interests” (Resolution of the Federal Antimonopoly Service of the Volga-Vyatka District of November 12, 2007 in case No. A82-12642/2006-7)

The measure of self-defense is implemented in a protective legal relationship arising from an unlawful legal action.

Concept of self-defense of civil rights

In accordance with Art. 12 of the Civil Code of the Russian Federation, self-defense is one of the ways a person protects his rights and is used without contacting any authorities. Self-defense consists in the fact that a person himself makes attempts to protect his civil rights. Self-defense can be expressed in a person’s influence on his own property, as well as on the property of the offender for the purpose of necessary defense or in a state of emergency.

An important point when using the method of self-defense is that self-defense must be proportionate to the violation being prevented. When self-defense is proportionate, where is the line over which a person who defends his rights himself should not cross, the legislation does not contain specific answers to these questions, since in each specific case this is assessed individually. Thus, in each situation the issue of proportionality of self-defense actions will be decided.

The concepts of protection of civil rights and protection of civil rights, their similarities and differences.

Civil rights protection and civil rights protection are different legal terms. The concept of “protection” is always applied in relation to the violated right, and “protection” has a broader meaning.

However, in cases where the law talks about the protection of rights and the protection of legitimate interests, it practically does not separate these concepts and, from the position of substantive law, makes them identical.

There are two forms of protection:

Jurisdictional – implemented by the state or competent authorities (judicial and administrative protection).
Non-jurisdictional – carried out independently by the citizen whose rights have been violated.

Protection of rights is a set of measures that ensure the normal implementation of rights. These include legal, economic and political measures designed to create normal conditions for the implementation of rights. Legal protection measures include, for example, enshrining in legislation the legal capacity of citizens, establishing certain duties, etc., as well as restoring violated rights.

Thus, we can say that the protection of rights in the narrow sense of the meaning of this word can be called the protection of civil rights.

Methods of self-defense of civil rights

In what ways can a person exercise self-defense of his civil rights?

Necessary defense when a person defends himself from the actual actions of an attacker. In case of causing harm in a state of necessary defense, the damage caused is not subject to compensation unless the necessary defense is exceeded
An urgent need. With this method of self-defense, the defending person causes harm in order to eliminate the danger that threatens the harm-doer himself or other persons, provided that such a danger could not be eliminated by other means. Damage caused in a state of extreme necessity must be compensated by the person who caused the harm. Under certain circumstances, the court may oblige the third party in whose interests the perpetrator of the harm acted to compensate for the damage, or exempt both the third party and the tortfeasor from compensation.
Lawful refusal to fulfill the contract, early termination of the contract, for example, if the counterparty does not transfer the goods
Refusal of a product, for example, when it does not comply with the terms of the contract
Holding a thing that is to be transferred. For example, the customer does not make payment under the contract, the contractor retains the result of the work
Elimination by the buyer of identified defects in the transferred goods, i.e. the buyer does not return the goods, does not ask the seller to eliminate the defects, but eliminates them himself
Other methods of self-defense

Prompt measures against violators of civil rights

1. The concept of operational measures

Measures of operational influence are understood as such legal means of a law enforcement nature that are applied to a violator of civil rights and obligations directly by an authorized person as a party in a civil legal relationship, without recourse to the competent government authorities for protection of rights.

These, in particular, include: unilateral refusal of a contract violated by the other party, delay in issuing cargo to the recipient until he has made all due payments, etc.

In contrast to measures of self-defense of civil rights, measures of operational influence, despite the fact that they are applied by the authorized person himself without recourse to government bodies, are of a legal, not factual nature, i.e. always entail a corresponding change in the rights and obligations primarily for the offender (for example, termination of the right to pay for goods upon discovery of their poor quality or the emergence of an obligation to eliminate defects in the supplied equipment at one’s own expense, etc.).

2. Main features of operational measures

First of all, these measures are law enforcement measures. They are applied by the authorized person only when the obligated party has committed certain violations, for example, failed to fulfill obligations within the prescribed period, evades certain actions, systematically delays payments, improperly fulfills obligations, etc.

Another feature of operational measures is that their application is unilateral. The authorized party does not need to contact the competent government authorities. That is why these measures are called operational. The unilateral nature of operational measures also determines the special nature of guarantees for their correct application. These guarantees are twofold: firstly, operational measures can be applied by an authorized person to a violator only in cases where they are directly provided for by law or agreement of the parties, and, secondly, their application does not eliminate the possibility of the obligated person to challenge the correctness of their application in court or arbitration court.

The effectiveness of operational measures lies not only in their efficiency and speed of impact on the offender, but also in the fact that their use by an authorized person entails unfavorable consequences for the obligated person. However, when he eliminates the violations he committed, such unfavorable consequences usually disappear or are significantly reduced. Therefore, the main function of the measures under consideration is to ensure and stimulate the proper performance of duties by participants in civil transactions.

3. Types of operational measures

Operational measures are numerous and varied, but they can be divided into the following types.

Measures of operational influence related to the fulfillment of obligations at the expense of the debtor. The general rule regarding this type of operational measures is established by Art. 397 Civil Code. According to this provision, in the event of failure by the debtor to fulfill the obligation to manufacture and transfer the thing into ownership, economic management or operational management, or transfer the thing for use to the creditor, or perform certain work for him or provide him with a service, the creditor has the right, within a reasonable time, to entrust the fulfillment of the obligation to third parties for a reasonable price or fulfill it on your own, unless otherwise follows from the law, other legal acts, contract or the essence of the obligation, and demand from the debtor compensation for necessary expenses and other losses incurred. In the rules relating to certain types of obligations, the content and conditions for the application of these operational measures are specified.

Measures of operational influence related to the provision of counter-satisfaction. The fundamental position about them is formulated in Art. 359 of the Civil Code, which stipulates that a creditor who has a thing to be transferred to the debtor or a person specified by the debtor, has the right, in the event of failure by the debtor to fulfill the obligation to pay for this thing on time or to compensate the creditor for costs and other losses associated with it, to retain it until then until the corresponding obligation is fulfilled.

Measures of operational influence related to refusal to perform certain actions in the interests of a faulty counterparty (measures of a refusal nature). These include:

a) withdrawal from the contract; b) refusal to accept improper performance; c) refusal of counter-satisfaction due to improper fulfillment of an obligation.

General provisions about them are set out in paragraph 2 of Art. 328 of the Civil Code, according to which, in the event of failure by the obligated party to perform the obligation stipulated by the contract or the presence of circumstances clearly indicating that such fulfillment will not be carried out within the prescribed period, the party on which the counter-performance lies has the right to suspend the fulfillment of its obligation or refuse from fulfilling this obligation and demand compensation for damages. It should be borne in mind that in the event of a unilateral refusal to fulfill the contract in whole or in part, when such refusal is permitted by law or by agreement of the parties, the contract is considered accordingly terminated or modified (clause 3 of Article 450 of the Civil Code).

The procedure for applying self-defense in civil law

The procedure for applying self-defense in civil law will depend on the method of self-defense, for example, if the customer does not pay the contractor money under the contract, then the contractor retains and does not transfer to the customer the result of his work.

The algorithm for using self-defense can be given as follows:

establish the existence of violations of the rights of a person who has the right to defend himself
assess the possibility of self-defense without violating the requirements of the law and, if possible, without causing harm to anyone
take actions to self-protect your rights, for example, refuse the contract
In certain cases, formalize your self-defense actions on paper, for example, write a written refusal to accept the goods due to their inadequate quality
notify the other party about using a certain method of self-defense, for example, withholding an item due to lack of payments under the contract from the customer

The above algorithm cannot be used in all situations, for example, in the case of necessary defense, the defending person must quickly make decisions and perform certain actions to protect himself.

VUZRU

The existence of a civilized society implies the presence of civil rights and responsibilities. This applies to all areas of relationships. Violation of the rights and interests of citizens is subject to protection both by the state and by the victim himself.

In accordance with Art. 2 of the Constitution of the Russian Federation, man, his rights and freedoms are proclaimed to be the highest value, and the state is entrusted with the obligation to recognize, respect and protect them.[1] But besides the state, according to Part 2 of Art. 45 of the Constitution of the Russian Federation, such an opportunity is also provided to individuals, since everyone has the right to protect their rights and freedoms by all means not prohibited by law. This provision corresponds to the provisions of the Final Document of the Vienna Meeting of Representatives of the States Parties to the Conference on Security and Cooperation in Europe. This normative act expresses the determination to respect the right of its citizens to contribute, independently or together with others, to the development and protection of rights and freedoms. Thus, constitutional and international regulations, on the one hand, are aimed at implementing state protection of the rights and freedoms of citizens, but at the same time encourage their own initiative to actively use legal actions aimed at protecting their rights and freedoms.[2]

The Civil Code of the Russian Federation (hereinafter referred to as the Civil Code of the Russian Federation) in Article 1 proclaims the basic principles of civil legislation. In accordance with this article, civil legislation is based on the recognition of the equality of participants in the relations regulated by it, the inviolability of property, freedom of contract, the inadmissibility of arbitrary interference by anyone in private affairs, the need for the unhindered exercise of civil rights, ensuring the restoration of violated rights, and their judicial protection.

Title of article 14 of the Civil Code of the Russian Federation (self-defense of civil rights) indicates that the protection of civil rights is legally permitted, but it should be noted that in this case we can also talk about their protection.[3]

Within the meaning of Art. Art. 1 and 14 of the Civil Code of the Russian Federation, self-defense of civil rights can be expressed, inter alia, in a person’s influence on his own property or property in his legal possession. Self-defense may also consist of influencing the property of the offender, if it has signs of necessary defense (Article 1066 of the Civil Code of the Russian Federation) or was committed in a state of extreme necessity (Article 1067 of the Civil Code of the Russian Federation).

In science, self-defense of law is understood as the proactive, independent action of a person aimed at preventing the violation of his civil rights, as well as reducing the adverse consequences arising from such a violation.

At the present stage, the category of self-defense of civil rights is noted in the works of such great scientists as: G. A. Sverdlyk, E. L. Strauning, A. P. Vershinin, V. P. Gribanov, A. P. Sergeev, E. E. Bogdanova, S.N. Veretennikova. The very concept of self-defense is understood ambiguously by experts. Thus, G. A. Sverdlyk, E. L. Strauning spoke and wrote that this type of protection represents a certain range of all independent actions of an authorized person allowed by law, which make it possible to ensure the inviolability of the right, promptly stop the offense and restore the right. In turn, V.P. Gribanov and A.P. Vershinin perceive self-defense as a measure of actual order, which is aimed at protecting rights in non-contractual relations, and actual actions that have the goal of stopping an offense, but not restoring the right.

V.S. Em understands self-defense of civil rights as the commission by an authorized person of actual actions not prohibited by law, aimed at protecting his personal or property rights, the interests of other persons and states.

B. M. Gongalo identifies several signs of self-defense, characterizing it as an action to protect a right, committed by a person whose right has been violated, and aimed at stopping this violation, if it is impossible to use a different procedure for protecting the right, while respecting the limits of action, necessary to stop the violation.

According to S. N. Veretennikova, self-defense is an individual (initiative) volitional action of subjects (individuals and legal entities), aimed at protecting civil rights and interests protected by law in the event of an offense or a real threat of such a violation through infringement or violation of rights another person, subject to the limits of its legality provided for by law.

As for I.B. Zhivikhina’s point of view, self-defense is separated from the measure of operational influence. The originality of this justification is obvious, since the given “difference” of self-defense measures is predicted by the fact that their implementation is also based on the norms of the current legislation.

According to Mezhidov R.M., self-defense of civil rights is the commission by an authorized person of actual actions permitted by law, aimed at protecting his personal and property rights and interests. Such actions can also include extreme necessity and necessary defense. Self-defense can be carried out by both an individual and a legal entity. Such actions as extreme necessity and necessary defense are not recognized by civil law as illegal. But it is worth noting that if harm is caused in a state of extreme necessity, then such harm is subject to compensation.[4]

The position of Yu. G. Basin determines that this division of self-defense actions into legal or factual is inappropriate. The position of Yu. G. Basin was supported by M. I. Braginsky and N. I. Klein, adding to the concept of “self-defense” actions that are aimed at protecting against violations of subjective civil rights. For example, violations in non-contractual relations, and some actions aimed at protecting rights in contractual relations (withholding). Due to the opinion on this issue in the scientific community, such a “compromise” point of view did not find support in later studies, and therefore lost its relevance.

Undoubtedly, modern researchers consider the self-protection of civil rights within the framework of individual institutions, such as, for example, torts, necessary defense, contract law, etc., so these studies can be considered inconsistency with the spirit of current civil law. In our opinion, more objective from the point of view of definition, self-defense is a form of protection of rights that has a universal, comprehensive structure passing through civil circulation.

The concepts of “protection of civil rights” and “protection of civil rights” are often equated, despite the fact that they have different meanings. The protection of rights in the doctrine is usually interpreted as “a set of actions aimed at preventing and suppressing violations of subjective civil rights, as well as ensuring the restoration of the situation that existed before the violation of the right.” Thus, protection includes challenging rights in the event of their violation or threat of violation. Protection of rights exists constantly. The purpose of protecting civil rights is to constantly ensure the exercise of civil rights and prevent their violation.[5]

When determining the boundaries of the legality of self-defense, one should be guided by three main factors. In the first case, there is such an aspect as the need for adequate analysis or monitoring of the actions of a particular offender; the second aspect characterizes the fact that the correct relationship between the corresponding material and intangible benefits, which in particular are violated and protected, is mainly determined; thirdly, the special actions of the authorized person himself are analyzed. The first and second named aspects directly follow from the meaning of Art. 14 of the Civil Code of the Russian Federation, indicating the inadmissibility of violating the boundaries of such actions that are necessary, first of all, to suppress the violation. It is for this purpose that a comprehensive assessment of the actions of both the offender and the authorized person is carried out.[6]

As for the second criterion, here, in general, it is a certain ratio of the protected and violated goods that is assessed. According to the key meaning of paragraph 2 of Art. 14 of the Civil Code of the Russian Federation, “the methods and mechanism of self-defense must certainly be proportionate to the specific violation and not go beyond the boundaries of the ongoing actions necessary to suppress it.”

An indicator of exceeding the limits of necessary defense is the obvious discrepancy (inconsistency) between the means of defense, on the one hand, and the degree and nature of the danger, the strengths and capabilities of the one who is defending, on the other. Excess in this case can be expressed in excessive activity in the use of defensive means, and unnecessary haste. Another example: the implementation of the necessary defense, if the attack has already ended and the one who is defending is no longer in danger. From the point of view of civil law, the consequence of actions in a state of necessary defense is release from liability. If the limits of necessary defense are exceeded, the damage must be compensated, albeit taking into account the fact of an encroachment on rights that exceeded the limits, since we are talking about unlawful actions.

The third criterion demonstrates the general focus of self-defense in civil law: the exercise of civil rights within the boundaries defined by the norms of civil law, the prevention of abuse of law, compliance with the procedure for the protection of civil rights.

If we consider the civil law literature, we can conclude that the term self-defense of civil rights has three meanings:

1) a form of protection of a non-jurisdictional nature, manifested by the actions of the interested person;

2) the right to self-defense;

3) civil law institution. [7]

Self-defense is a natural inalienable human right, applied in the event of an attack on material or non-material human rights and is associated with causing harm. Also, the use of self-defense is possible in the presence of such conditions as a violation of a right or the possibility of its violation, as well as the need to suppress the violation and apply measures appropriate to the nature and content of the offense.

Also speaking about self-defense as a method of protecting civil rights, it should be noted that the condition for its use is both the presence of a violation of civil rights and the figure of the violator. Preventative measures are not included in this concept.

An example of self-defense is the retention of property by a creditor despite the fact that civil law classifies this action as one of the ways to ensure the fulfillment of obligations. The property is held until the obligation is fulfilled partially or in full. It is important to note that the creditor's claims may be partially satisfied from the value of the retained property. To summarize, we can offer the following definition of self-defense of civil rights, derived from the above teachings: self-defense of civil rights is a lawful act aimed at ensuring the inviolability of a subjective civil right from an actual violation or its real threat, and carried out through independent unilateral actions or inaction of the owner of the right, as well as actions of third parties to protect his life and property in a state of necessary defense or extreme necessity. The physical composition of self-defense is based on the approval of the concept of self-defense, which acts as an “actual” means that is used to protect certain civil rights that do not correspond to the legal category under consideration. The legislation of the Russian Federation gives the right to use the institution of self-defense of law in the presence of the following conditions in their entirety: the existence of a violation of the right or the possibility (danger) of its violation; the existence of a need to suppress (prevent) violations; application of measures corresponding to the nature and content of the offense.

[1]Constitution of the Russian Federation. Adopted by popular vote on December 12. 1993 (as amended on December 30, 2008) // Ross. gas. — 1993. — December 25

[2]Dudyrin D.S. Self-defense in civil law // Contentus. 2017. No. 12 (65). P. 113

[3]Civil Code of the Russian Federation. Part 1: federal. Law of the Russian Federation of November 30, 1994 No. 51-FZ (as amended on July 29, 2018) // Collection of legislation of the Russian Federation. 1994. No. 32. Art. 14.

[4] Mezhidova R. M. Discussion issue of the concept of self-defense of civil rights // Alley of Science. 2021. T. 1. No. 6 (22). P. 861-

[5]Dudyrin D.S. Self-defense in civil law // Contentus. 2017. No. 12 (65). P. 114

[6] Sokolov E. S. The concept and conditions for the use of self-defense in civil law // Young scientist. 2021. No. 30. pp. 323-326

[7] Mezhidova R. M. Discussion issue of the concept of self-defense of civil rights // Alley of Science. 2021. T. 1. No. 6 (22). P. 861

Limits of self-defense of civil rights

Self-defense of civil rights must be carried out in such a way as not to violate the law and be proportionate to the violation.

Determining the limits of self-defense can sometimes be quite difficult. It’s one thing when the law specifies a specific method of self-defense, for example, the right to withdraw from a contract. It’s another matter when the method of defense is prescribed, but the limits of such defense cannot be determined, for example, in the case of necessary defense, how to determine the extent of the legality of one’s actions in relation to the offender, because such necessary defense may be exceeded and self-defense in this case will bring to the person who defended himself, only trouble.

Taking this into account, it is necessary to resort to certain methods of self-defense with extreme caution. If there are doubts that self-defense will be legal and proportionate to the violation, then it is better to resort to other methods of protecting your rights, including in court.

When resorting to self-defense, it should be remembered that the categories of self-defense are evaluative in nature.

Self Defense Alternative

The legislator highlights the theoretical aspects of self-defense of subjective civil law, conditions (signs):

violation of civil law;
unilateral order;
action;
provided by law;
possibility of appealing actions.

An alternative is always allowed:

judicial protection;
appeal to government agencies;
operational measures through intelligence agencies (police, FSB, tax service).

Necessary defense as a way of self-defense of civil rights

We speak about necessary defense not only in civil legislation, but also in criminal law.

Necessary defense consists in a person protecting his rights from the actions of another person, i.e. This is the resistance of the defending party to the actions of the offender.

In the course of necessary defense, the defending person may cause harm to a person who infringes on his rights with the use of violence. Such actions will not be considered a crime unless the limits of necessary defense are exceeded. Exceeding the limits is when the defending person acts intentionally, knowingly causing harm to the offender when there is no need for this.

Moreover, if during self-defense, due to surprise, a person could not assess the degree and nature of the danger, then his actions cannot be regarded as exceeding the limits of necessary defense.

Basic forms of employee self-defense

As mentioned, the primary and only form of self-defense is inaction in the workplace. However, the forms of inaction can take many different forms. Let's look at the most common ones:

Refusal to receive a work book due to the fact that an incorrect entry was made in it.
Refusal to return to work after 2 weeks from the date of filing a resignation letter of one's own free will.
Refusal to carry out instructions from the manager if they pose a threat to health or are not provided for in the employment agreement.
Refusal of overtime work and business trips.
Refusal to work without protective equipment.

It is assumed that the employee will refuse precisely those instructions that are not lawful. If the employer obliges the employee to perform work, you should contact the labor dispute commission. However, in this case, self-defense ceases to be self-defense.

Rules for protecting your rights

►It’s better to start with the law. The court always acts in accordance with established legal relations. Take an interest in substantive and procedural law. Read the relevant literature, at least the Internet. It is this set of norms that regulates social legal relations. You should understand them at least a little. Any violations of established norms on your part will entail not only a reprimand from the judge in your direction, but also the loss of the case on procedural grounds.

You have no right to make mistakes: read the rules of the game

Correctly determine the court : disputes between citizens are heard in courts of general jurisdiction; disputes between enterprises or entrepreneurs - in economic ones; if your claim falls under the jurisdiction of a state authority or local government, you should go to the administrative court. If you fail at this stage, your case will be denied.
mandatory requirements for filing a claim in court . The claim must be made in writing, indicating the name of the court, the full name (or names) of the plaintiff and defendant, their postal codes, addresses, telephone numbers and other available contact information. Next, the “claim price” must be indicated, that is, the total amount of your property claims. The grounds on which you are going to court must be indicated. All evidence supporting the grounds must be attached. In the operative part, indicate your requirements, that is, exactly what you are asking the court for. A receipt for payment of the court fee must be attached to the statement of claim.
The court requires that all evidence of the parties be submitted BEFORE consideration of the merits.

ATTENTION: Take at least one consultation with a professional lawyer. He will be able to tell you how to competently prepare the evidence base and the main position. Or write your problem in the comments to this article; perhaps it will be more timely to give advice remotely.

"Pitfall" in terms of evidence . There are circumstances that can only be proven in a certain way by law and nothing more. For example, a loan agreement must exist only in written form; its conclusion cannot be considered valid only on the basis of testimony. Providing evidence that does not comply with the procedural norm will not be taken into account. The case is more likely to be lost, even if the truth is on your side.
Don't try to lie. The truth and only the truth is your main weapon . Any exaggeration, any deviation from the truth will set the court against you. They will begin to doubt the veracity of your words - this will “ruin” your defense.
Look for witnesses yourself and in advance. No one will bring in witnesses in your case except you. It is in your best interest to find people in advance who can say something in your favor.
Analyze other people's judicial practice . Perhaps there were similar cases, look what the outcome was, what arguments were given, who acted as witnesses. Perhaps this will give you the right thoughts and help you correctly develop a position. Order a case analysis (follow the link for more details) if you understand that you cannot cope with this task.
Don't disrupt the trial stages . The judicial process consists of stages established by law: petition, explanations of the parties, examination of evidence, judicial debate. Listen carefully to which stage the chairman judge announces. Address the judge only as “your honor.” If your opponents state false information or file motions that are unfavorable to you, refute them with reasons, speak concisely, and avoid excessive details that are not relevant to the essence of your case and cannot affect its outcome. In court arguments, focus on the main evidence in your favor and refute the main arguments of your opponent.
You should not allow emotions in court . Your monologue should be extremely clear and to the point. You can have a few feelings, but they should not interfere with understanding the essence.
Schedule an examination if it is appropriate for your case.

PS: in general, act boldly, don’t be afraid of the first failure. Very often, an appeal (read the rules for appealing any court decision via the link on the main part of the site) gives the best result, so don’t despair if you don’t succeed the first time.

The concept and content of the right to defense

1. The concept of the right to defense

Every right, including any subjective civil right, has real significance for the subject if it can be protected both by the actions of the authorized subject itself and by the actions of state and other authorized bodies.

The right to defense is an element - a right included in the content of any subjective civil law. Therefore, the subjective right to protection is a legally enshrined ability of an authorized person to use law enforcement measures in order to restore a violated right and suppress actions that violate the right.

The content of the right to defense, i.e. the capabilities of the authorized subject in the process of its implementation are determined by a set of rules of civil substantive and procedural law that establish:

a) the very content of the law enforcement measure; b) the grounds for its use; c) the circle of entities authorized to use it; d) the procedural and procedural order of its application; e) substantive and procedural rights of the subjects to whom this measure is applied.

The law enforcement measure itself, enshrined or authorized by law, through which the violation of the law is eliminated and the impact on the offender, is called in the science of civil law a method of protecting civil law.

The list of ways to protect civil rights is usually contained in the general part of civil legislation. In Art. 12 of the Civil Code stipulates that the protection of civil rights is carried out by:

recognition of law;
restoration of the situation that existed before the violation of the right, and suppression of actions that violate the right or create a threat of its violation;
recognizing a voidable transaction as invalid and applying the consequences of its invalidity, applying the consequences of the invalidity of a void transaction;
invalidation of an act of a state body or local government body;
self-defense rights;
awards to perform duties in kind;
compensation for losses;
collection of penalties;
compensation for moral damage;
termination or change of legal relationship;
non-application by the court of an act of a state body or local government body that contradicts the law;
in other ways provided by law.

The content of each of these methods of protection and the procedure for its application are specified in the norms of the general part of civil legislation (Articles 13-16 of the Civil Code), in the norms related to the institutions of transactions, property rights, and the law of obligations.

The procedure and limits of application of a specific method of protecting civil law depend on the content of the protected subjective right and the nature of its violation. This rule is not contradicted by the fact that in civil law there are often cases when several different methods of protecting civil rights are used simultaneously. For example, restitution can be applied simultaneously with the mechanism of obligation due to unjust enrichment; retention of a thing, acting as a measure of operational influence, may occur simultaneously with the civil liability of the person violating the right of the person holding the thing, etc. It is not difficult to see that, despite this, the use of one or another method of protecting civil rights rests on its own basis. In the first example, the application of restitution is based on the fact that the transaction is invalid, the application of obligations based on unjust enrichment is based on the fact that any of the participants in such a transaction unjustly acquired someone else’s property.

Each method of protecting civil law can be applied in a certain procedural or procedural manner. This procedure is called a form of civil law protection. In the science of civil law, a distinction is made between jurisdictional and non-jurisdictional forms of protection of rights. Jurisdictional form of protection is the protection of civil rights by state or state-authorized bodies. Jurisdictional form of protection means the possibility of protecting civil rights in judicial or administrative proceedings. The judicial form of protection of civil rights most fully complies with the principle of equality of participants in civil legal relations. In paragraph 1 of Art. 11 of the Civil Code states that the protection of violated or disputed civil rights is carried out in accordance with the jurisdiction of cases established by procedural legislation, a court, an arbitration court or an arbitration court.

Protecting civil rights administratively by appealing to a higher authority or official is not typical for civil law. Therefore, in paragraph 2 of Art. 11 of the Civil Code states that the protection of civil rights administratively is carried out only in cases provided for by law. As an example of legislative authorization for the protection of civil law in an administrative manner, one can cite the rules on the consideration of disputes regarding the refusal to issue patents by the Appeals Chamber of the Patent Office of the Russian Federation. In some cases, the law provides for an alternative possibility of protecting civil law both administratively and in court - at the choice of the authorized person. Thus, cases of complaints from citizens against the actions of government bodies, public organizations and officials violating the rights and freedoms of citizens, cases of complaints about refusal of permission to leave the Russian Federation abroad or to enter from abroad can be initiated at the choice of the authorized person in court or apply with them to a higher government body or official in the order of subordination (Article 239.4 of the Code of Civil Procedure). The law may provide for a situation where the protection of civil law in an administrative manner is a mandatory precondition for going to court. In this order, for example, disputes related to the refusal to provide or seizure of land plots are considered. It should be borne in mind that a decision made administratively can, in any case, be appealed to the court (clause 2 of article 11 of the Civil Code).

A non-jurisdictional form of protection of civil law is the protection of civil law by independent actions of an authorized person without recourse to state and other authorized bodies. This form of protection occurs in the self-defense of civil rights and when an authorized person applies operational measures.

2. Classification of methods for protecting civil rights

The methods of protecting civil rights allowed by law differ from each other in legal and material content, forms and grounds for application. Based on these characteristics, methods of protecting civil rights can be classified into the following types:

a) actual actions of authorized subjects bearing signs of self-defense of civil rights; b) measures of operational influence on the violator of civil rights; c) law enforcement measures applied to violators of civil rights by competent government or other authorities.

Nuances of implementing self-defense

As part of the implementation of the right to self-defense, several questions arise:

Is it necessary to pay wages during the period when an employee does not fulfill his duties?
Does the employee have to be present at the workplace?

So, do you need to pay a salary? In essence, self-defense is actually downtime due to the fault of the employer. According to Part 1 of Article 157 of the Labor Code of the Russian Federation, in this case the employee receives a salary, since the downtime did not arise through his fault. However, there are exceptions:

The procedure in question does not apply if the employee refuses to be transferred to another position. In this case, he is unable to work. In this situation, it makes sense to pay for the period as forced absence (Articles 72 and 394 of the Labor Code of the Russian Federation).
If work is suspended due to late pay, no payments are guaranteed.

Should an employee remain at work? The law does not clarify this issue in any way. Therefore, the decision is made on an individual basis. The employee must be guided either by the employer’s recommendations or by the internal regulations of the company.