Right to defense and subjective civil right: theoretical issues to research

Abstract

The article analyzes the concepts of subjective civil right and the right to protection. The argument for the independence of the right to protection in relation to subjective civil right is given. However, from the standpoint of the theory of law, the right to protection is one of the powers of subjective civil right, which has no independent legal meaning. In civil law, in case of regulatory legal relations, ensuring their effectiveness is achieved through such constructions as the power to one’s own action and the power to demand the necessary behavior from the obliged person. In case of protective legal relations, aimed at restoring the legal status of participants in civil relations, this is achieved through the power of defense. The right to defense ensures the exercise of subjective civil right and legal interest within the framework of protective legal relations. The mechanism for the realization of legal interest in civil relations, in the structure of which the active person has no subjective civil rights, is researched. The formation of a person’s legal interest is generated from the existing subjective civil right, but in related legal relations, the protection of which is ensured through the protection of the legal interest