The modern trend of world legal thought is steadily following to the peak of its perfection, the creation of the foundations of the rule of law, is manifested in a huge number of the most diverse products of legislative activity. Being the core of the legal foundations of each state, the idea of an ideal legal society is enshrined in the basic law of each state (constitution), in the codes of laws in the form of codes, individual legislative acts.
The branch of civil law occupies a significant share of the legal field of the Russian Federation. The voluminous civil code is supported by a wide range of additionally adopted laws and by-laws. The purpose of this powerful legislative complex is the implementation and protection of civil rights.
A feature of the emergence of civil rights, as well as obligations, is the presence of at least one reason. It may be a transaction, a contract, an act of a state body, an act of a body related to the local government system, a court decision, the acquisition of certain property, the creation of an invention or work of art, literature, science. This list includes unjust enrichment, as well as other actions of citizens.
Often, due to various circumstances , individuals and legal entities refuse to protect themselves or purposefully retreat from the restoration of their rights. But the peculiarity of the legislation of the Russian Federation is that its goal - the exercise and protection of civil rights - involves not the termination of these rights. True, here, there were some exceptions, which are stipulated by laws.
Covering various spheres of civil relations in society, the exercise and protection of civil rights has broad powers, but it is not unlimited, and fits into the framework strictly defined by law. The limits of the exercise of civil rights imply restricting the actions of citizens (equally legal entities) in order to prevent any harm to third parties. The development of market relations posed a challenge to domestic legislation to limit the unfair use of the concept of civil rights in order to narrow competition or abuse the privileged (dominant) position in the market.
Possessing a wide range of opportunities to protect their civil rights and freedoms, individuals and legal entities are legally invited to use a mechanism that promotes the implementation of measures that protect subjective civil rights and interests. Two forms of protection require a jurisdictional and non-jurisdictional method.
This division is arbitrary and is of value in the course of a theoretical study of the issue. When using a non-jurisdictional form of protection, a private person shall independently protect the disputed rights. The jurisdictional form is usually called the implementation of the protection of rights by a state or other authorized body. Under this method, an administrative and judicial procedure for the exercise of rights by citizens is assumed.
If we consider this issue in a simplified form, the implementation and protection of civil rights implies the existence of an administrative, judicial form, as well as self-defense.
The preparation of civil cases for trial is inherently an extremely important event, taking second place in the civil process after the initiation of proceedings.
The stage-by-stage consideration of a case delays the resolution of the issue in time, but involves a thorough study of the essence of the issue and its resolution in a judicial proceeding with all the consequences arising from this process.
It is necessary to prepare for the implementation of the preliminary court session, at which the final stage of the preparation of the case for the main trial takes place. The plaintiff is required to correctly file a statement on the initiation of civil proceedings in the case and provide an exhaustive set of evidence. The judge, however, has to give a legal assessment of the facts proposed by both sides, to verify their truth and make the right decision on the essence of the matter.