The concept of protection of personal non-property rights of military personnel

Abstract

The legal categories "conservancy" and "protection" are closely related. Protection of rights should be considered as a constitutional legal basis for the activities of the state, state authorities, local governments. Protection of rights is the actual activity of authorized bodies and persons to comply with this principle in each case. To protect the rights, the element of conservancy is always important – the prevention of committing an offense in the future, and in order to conservancy is possible to use methods of protection.
 Conservancy of rights and legitimate interests consists in enshrining in the sources of law certain legal measures that contribute to the free exercise by an authorized person of his rights, performing the function of preventing offenses and eliminating the causes that gave rise to them.
 Protection of civil rights means the adoption of law enforcement measures provided for by acts of law or contract in case of violation, threat of violation, non-recognition or dispute of rights. That is, we are talking about the right to protect rights and interests. Protection of rights can be carried out in any manner prescribed by law or contract, within the framework of protective legal relations.
 The main elements of the protection of subjective civil rights can be identified: 1) the object of protection; 2) the subject of protection; 3) form of protection; 4) method of protection.
 The protection of the civil rights of military personnel involves the application of protective measures defined in legislative acts (civil, criminal, administrative, and disciplinary) or a contract (civil-legal, administrative, material). Civil legal protection of the civil rights of military personnel means the application of protective measures, including measures of civil legal liability, defined only by acts of civil legislation or a civil law contract.
 Military personnel acquire the right to civil legal protection in case of violation, non-recognition or dispute of civil law, as well as in cases of abuse of law, danger or threat to their life and health.