«MEANS», «METHOD», «TACTICS», «STRATEGY», AND «SCENARIO» FOR PROTECTING SUBJECTIVE CIVIL RIGHTS (BASED ON COURT CASES CONCERNING THE PROTECTION OF RIGHTS TO REAL ESTATE)

Abstract

The article is devoted to identifying possible approaches to analyzing the mechanism for protecting subjective civil rights, taking into account, among other things, the specifics of their dynamics, through the categories of «means», «method», «tactics», «strategy», and «scenario» which, in general, can ensure the design of methods for protecting such rights in practice and/ or the scientific analysis of real legal situations, taking into account the variability of legally important circumstances and their impact on the effectiveness of the relevant mechanisms. The issue raised is analyzed by determining the relationship between the categories of «means», «method», «tactics», «strategy», and «scenario» of protecting subjective civil rights, using case studies on the protection of rights to real estate. It is established that the mechanism for protecting subjective civil rights, including those relating to real estate, is not uniform in nature, i.e., it is essentially a set of smaller-scale mechanisms, the implementation of which in practice ensures counteraction to unlawful acts in the civil law sphere as defined by law. The conclusion is that using the relationship between the analyzed constructs allows lawmakers to construct clear and targeted mechanisms for protecting subjective civil rights, taking into account the specifics of even unique circumstances of the legal situation in which they are to be applied; for law enforcement entities – to plan actions to protect subjective civil rights more effectively, using the nature of the relationship between the relevant constructs as an analytical model for determining possible ways to achieve the set goals and selecting the optimal ones in specific conditions; law enforcement entities – through the analysis of relevant constructs, ensure the effective application of the provisions of current substantive and procedural civil legislation, taking into account the intended purpose of the constructs introduced by them (including to counteract possible manifestations of abuse by participants in civil legal relations of their right to protection).