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Self-Defense and Self-Protection of Civil Rights and Legitimate (Legally Protected) Interests: the Distinction of Enforcement Institutions of the Domestic Law
Abstract.The subject of the article is the illegitimate concept of “legitimate (legally protected) interests” that is described in the “defense of rights” point of view, moreover the terms "defense" and “protection” are semantically analyzed and compared. Else in this article the powers included into the legal institution of "self-defense of civil rights" are considered, besides, using the doctrinally developed positions on this legal institution “in its broad sense”, the concept of "protection of civil rights and legitimate (legally protected) interests" is offered. The main research methods used in this article are: analysis, extrapolation, identification, abstraction, method of expert evaluation, systematization, modeling and comparison. The main conclusions are: "legitimate (legally protected) interests" are also subjects of defense on an equal basis with rights, "defense" is a legal institution of a suppressitive and restorative nature, while protection that requires separate legislative support is aimed to preventing of violations and contestations, the legal introduction of the term "self-protection" based on the understanding of the concept of "preventive self-defense" is offered.
Keywords: suppression of violation, prevention, civil law, self-protection, self-defense, legally protected interest, protection of rights, defense of rights, legitimate interest, protective measures
Article was received:20-03-2017
This article written in Russian. You can find full text of article in Russian here .