ESTABLISHMENT BY CONTRACT OF JUDICIAL METHODS OF PROTECTION OF CIVIL RIGHTS AND INTERESTS: THE UKRAINIAN EXPERIENCE

Abstract

Background: The issue of choosing an effective method of protection continues to be relevant not only in court but also in contractual practice. This is explained by the fact that in a number of legal systems, contracts act as a source of consolidation of protection methods. As a result, there is a need to define models (options) for the contractual establishment of protection methods and, at the same time, the limits of contractual freedom. Methods: Logical methods were used during the present research: analysis, synthesis, induction, and deduction. With the help of the system method, types of models of the contractual establishment of protection methods were studied. The historical-legal method made it possible to analyse the provisions of national legislation and approaches to establishing methods of protection from a historical perspective. Results and Conclusions: The provision in the law of the contract as a source of establishing methods of protection contributes to greater protection of rights holders and allows for timely and adequate responses to complications of legal relations and, as a result, complications of the subjective interests of their participants. The recognition of the freedom of participants in contractual relations in determining the methods of protection and reference to the dispositive basis in the relevant field corresponds to the modern European approach. Keywords: methods of judicial protection; violation of rights and interests; contract; limits of contractual freedom; models of securing methods of protection in the contract; an effective method of protection; judicial control over the fairness of the terms of the contract