WAYS OF COUNTER-PROTECTION OF SUBJECTIVE CIVIL RIGHTS (BASED ON THE JUDICIAL PRACTICE IN DISPUTES OVER RIGHTS TO IMMOVABLE PROPERTY)

Abstract

The article is devoted to consideration of the ways of counter-protection of subjective civil rights as well as to the order of their realization. The analysis is conducted with an appeal to judicial practice in disputes over rights to immovable property. The authors consider the kinds of ways of counter-protection of subjective civil rights. It is determined that counter-protection as a conscious behavior of subject of civil law is aimed to countering the protection of appropriate rights in order not to allow to reach the goal of protection, can be provided in active (actions) or passive (inaction) form, by juridical or factual behavior and at the same time can be provided by the participant of civil juridical relationship by himself without appealing to state or municipal power (non-jurisdictional counter-protection) or with appealing to such power (jurisdictional counter-protection). It is substantiated that as a rule the person choose the way of counter-protection of subjective civil rights taking into account the character of ways of protection of subjective civil rights used by opponent as well as the aim of counter-protection pursued by appropriate person. Such an aim can be the persistence of the state existed at the moment of dispute arises (for example, saving the factual illegal possession of the good) or changing of appropriate state (for example illegal capturing of the good). It is defined that counter-protection of subjective civil rights also can be provided by participants preventively in order to restrict the possibilities of appropriate person to use protective juridical means, for example some ways of protection of subjective civil rights or to reduce the efficiency of usage of some protective juridical instruments, for example by alienation of some kinds of property to exclude possibility of them to become an object of foreclosure. As a rule the counter-protection in such form is used in conditions of real menace of using the protective means by the opponent.