Problems of implementation of extrajudicial methods of protection of civil rights

Abstract

Introduction. The right to protection is one of the main powers of subjects of civil legal relations. The definition of jurisdiction in the law is aimed at eliminating the violation of the law and the influence of the subject of civil legal relations on ensuring the real exercise of civil rights. The purpose of the paper is to study the problems of applying the system of forms and methods of out-of-court settlement of civil legal disputes (conflicts) by conducting an analysis of theoretical and practical aspects. Results. The non-judicial form of protection of civil rights is determined by the possibility of choosing among the indicated methods of protection of private rights among several non-judicial (non-jurisdictional) methods of dispute resolution. This method of out-of-court settlement of a dispute (conflict), such as self-defense, is an effective way of protecting private law, but it is limited in time of application. In order to restore the trust of each of the parties, preserve relations and business reputation, the parties can use such an extrajudicial method of resolving the dispute (conflict) as negotiations. Although negotiations are defined as an effective method of out-of-court settlement of disputes with the protection of the rights and interests of citizens, there remains a risk of non-implementation or incomplete implementation of the agreements reached, which, in turn, may lead to delays in the process of timely protection of the violated right. Mediation is a relatively new out-of-court way of protecting private rights by resolving civil disputes (conflicts). When using the mediation procedure, the parties can reach a consensus, but the resolution of the dispute may go beyond the subject of the violated right. Conclusion. Out-of-court methods of protecting private rights provide an opportunity not only to resolve disputed issues outside the court, but also to save time, financial resources, preserve friendly or partnership relations, and also to go beyond the boundaries of a contentious legal dispute. relations and receive additional bonuses when defending an infringed, unrecognized or contested right.