Effectiveness of civil rights protection mechanisms in the reflection of modern judicial practice

Abstract

Introduction: The paper examines the question of the sufficiency of the existing system of ways to protect civil rights, its practical implementation and effectiveness, taking into account modern judicial practice. Purpose: To formulate proposals for improving the civil law regulation of the system of ways to protect civil rights in order to expand the possibilities of applying judicial protection of civil rights and interests of participants in civil law relations. Methods: The research methodology is based on the dialectical method of scientific cognition. The author uses general scientific (analysis and synthesis, induction and deduction, system) and private scientific research methods (formal-legal, comparative-legal, specific sociological research). Results: The practice of applying Article 13 of the Civil Code of the Russian Federation in relation to certificates and declarations of quality of goods sold is analyzed. It is shown that participants in civil turnover require the provision of judicial protection, including by recognizing the issued certificates as not meeting the requirements of the law and other regulatory acts. The strategic task facing the legislator of the country is defined and consists in the need to improve the disposition of Article 13 of the Civil Code of the Russian Federation in order to expand the possibility of applying judicial protection of civil rights and interests of participants in civil law relations. Conclusions: The analysis of numerous examples from judicial practice on the application of Article 13 of the Civil Code of the Russian Federation in relation to certificates and declarations of quality of products sold showed the need to clarify the wording of this norm in order to provide a legal opportunity for its use by participants in civil turnover for judicial protection of their rights.