Presumptions in the Mechanism of Civil Rights Protection

Abstract

The article examines the issue of applying presumptions in the framework of the implementation of measures to protect the violated civil rights. Based on the author's understanding of the presumptions and their significance in the formation of legal certainty, a solution to the problem of the legal identification of presumptions in the mechanism of legal regulation is proposed. The approaches known in legal science to understanding presumptions as legal norms and analogues of legal facts are critically evaluated. It is proposed to consider presumptions as metamodels of legal norms that exist along with legal regulations - the main models of legal norms. Particular attention is given to the issue of systemic application of substantive and procedural presumptions in the dynamics of the mechanism of protection of violated civil rights. To this end, aspects of the determination of offenses and the factor of the initiative to protect civil rights are analyzed. The question of choosing a method of protection and its subsequent implementation in the framework of judicial and administrative forms of protection, as well as in the process of self-defense of civil rights, is investigated. The influence of the principles of the protection of civil rights on the application of presumptions in the mechanism of protection of civil rights is revealed.