Module of Social and Political Knowledge (Political Science)

Aibolat Dilnaz,190109006 (Saturday,10:00)

Critical review
Link to article : https://sibac.info/studconf/science/cxvii/213265
Authors of the article : 
Victoria Negulyaeva - student, Department of Accounting, Analysis and Economic Security,
Samara State University of Economics, Russia, Samara

Ekaterina Kuksa - student, Department of Accounting, Analysis and Economic Security,

Samara State Economic University, Russia, Samara

Igor Ovod - scientific adviser, Associate Professor, Department of Legal Support of Economic
Activity, Samara State University of Economics, Russia, Samara

List of references : 
1.     Гражданский Кодекс Российской Федерации (ч.1) от 30 ноября 1994г. № 51 ФЗ //
Собрание законодательства российской федерации.
2.     Конституция Российской Федерации: принято всенародным голосованием 12 декабря
1990г.
3.     Гражданское право: Учебник: В 3 т. / Под ред. В.П. Камышанского, Н.М. Коршунова,
В.И. 2 Е изд., перераб. И доп. М.: Эксмо,2010. Часть первая 543с.
4.     Гражданский кодекс Российской Федерации. Постатейный комментарий к главам 1 5 /
А.В. Баков, А.В. Габов, В.Г. голубцов и др.; под редакцией В. Санниковой. М:
Статутт,2015.662с.
5.     Южанин Н. В, Меры оперативного воздействия и секундарные права/ Н.В.Южанин
//Lexrussica/2016. №8. С. 21
6. Платов Ю.Д., Мкртчян А.Р. Теоретические аспекты самозащиты судебного гражданского
права. / Ю.Д, Полатов, А.Р. Мкртчян. Современное право. 2015. №8. С. 63
 

Self-defense of civil rights

To begin with, let's find out what self-protection of civil rights is.
Self-protection is the independent actions of employees to
protect their labor rights, life and health. It can be the protection
of work that directly threatens his life and health. This method of
protection is presented in Article 14 of the Civil Code, it says
about the methods of self-protection of rights, they must be
commensurate with the violation and must not go beyond the law.
In the beginning, back in the 19th century, the principle was very
different. People defended themselves based on the principles of
blood feud. And at this point, self-defense has moved to a new
level. Now there are laws, institutions for protection . Thanks to
this people are now more or less protected from bad actions and
people. Why people? In the 21st century you can expect more.
And even in spite of the laws, people still violate people's rights.
And with this I want to inform you about the political science of
the countries where there are bribes. The expression "an eye for
an eye, a tooth for a tooth" of the Talion was used to offend,
repaying evil with the same measure.
In the 21st century the most important theme is self-defense.
Because now you can meet a lot of situations. For example
domestic violence, etc. And for this you need to know the laws for
yourself and about self-defense. In Russia, self-defense was
mentioned in the collection of legal norms "Russian Truth". It was
in such cases as an attempt on the life of a person's property the
punishment of beating with a stick, hand, etc. was allowed. Even
murder. According to the article The main sources of law in the
Middle Ages were the Novgorod and Pskov judicial charters.
In each year there were many changes. For example, in 1649 it
was allowed to kill in order to protect one's home, but the limits
and methods of self-defense were not spelled out. Article 157 of
this code referred to self-defense and allowed the assailant to be
killed. A victim who exceeded the limits of self-defense was
required to stand trial for his actions. In this case, the court would
decide whether to impose a fine or imprisonment.

The year 1845 also made a special contribution to the institution

of self-defense. From that moment on, self-defense for the benefit
of others in danger was legally permitted.
In 1903, the Criminal Code came into force, which had articles
dedicated to the defense of extreme necessity. Extreme necessity
was understood as saving one's life or the life of another person.
The characteristic features of self-defense in cases of necessary
defense is that in any other situation the same measures taken by
the victim are unlawful. They are distinguished from unlawful
ones only by the fact that such measures are of a forced
defensive nature.

For the first time the institute of self-defense was legally

regulated in the Civil Code of the Russian Federation of 1994.
Article 14 of the Civil Code of the Russian Federation presents the
possibility to respond independently to the unlawful actions of
another person. This method of defense exempts from liability to
the law for the harm caused to the violator. The title of the article
indicates that the defense of civil rights is permitted by law.

Law is the main social value. The main purpose of law is to

regulate relations in society, to meet all the needs of man as an
individual.
The characteristic features of self-defense - the protection of a
person by his own actions. This method is possible under the
following conditions: 1) violation of rights; 2) the necessity to
suspend unlawful actions; 3) application of punishment which is
commensurate with the violation. All listed conditions correspond
to protection of rights by one's own efforts. Self-protection also
extends to the property of the victim. In order to determine the
limits of self-defense, three criteria must be followed.
Firstly, the nature of the offender's actions must be evaluated.
Secondly, determine the relationship between the material and
non-material goods which are violated and which are protected.
Third, analyze the victim's actions. The first and second criteria
are necessary for a more precise suppression. The third criterion
in turn reflects the general thrust of self-protection in civil law: the
punishment must be commensurate with the violation.
The harm caused in self-defense must be less significant than the
harm prevented. Also, self-protection of civil rights can be applied
in conjunction with judicial protection. Such a method of self-
defense is the presentation in court of an audio recording that
was recorded without the consent of the party to the
conversation. Such evidence may be considered legal in court. It
should be written that this recording was made solely for the
purpose of self-defense (Article 12 of the Civil Code). This
method of self-protection makes it easier to prove an illegal act,
such as firing, issuing black wages, etc. A video recording can
serve as such evidence, as it is direct evidence in court.
The distinction of self-defense in extreme necessity is aimed at
protecting not only the victim and the protection of third parties.
In situations of extreme necessity there is a clash of two interests
protected by law.

Based on this we can make the following conclusions:

1.The institute of self-protection of civil rights in Russia at the

legislative level was enshrined not so long ago, in the Civil Code
of the Russian Federation in 1994. Despite this, the notion of self-
protection appeared quite a long time ago, back in the 19th
century B.C.

2. To date, a large number of definitions of the concept of "self-

protection of civil rights" have been formulated. All of them reflect
the main essence of self-defense in civil law, which is the action
of a person aimed at protecting his personal or proprietary right
(at the same time, the action must be proportionate to the
violation)
3. The issue of self-protection of civil rights has always been
relevant, nowadays it is of particular interest among scholars in
the field of civil law.