The Protection of Civil Rights and Interests in the Court
Abstract
The creation of an effective mechanism capable of ensuring the secure existence of society, the defense and protection of human rights is one of the priority tasks of reforming the legal system of Ukraine. In the arsenal of state remedies designed to guarantee rights and freedoms of an individual, the legitimate interests of society and the state itself, courts have the leading role. Judicial protection is the most effective means of protecting rights and legitimate interests of civil legal entities in the world-wide practice, the level of judicial protection remains the most important indicator of the legal nature of the state and the democracy of society. According to the results of the research, authors have revealed the peculiarities of the interpretation of concepts of ‘protection’ and ‘protection of civil rights in court’, have proposed their own definition of the concept of ‘protection of civil rights and interests in court’. The leading problems of protection of civil rights and interests in the courts of Ukraine have been analyzed; the controversy of the relation between interest and subjective civil law in the context of their effective defense in court has been covered; further directions of improving the protection of civil rights and interests in the courts of Ukraine have been identified; it has been argued that the existence of an effective mechanism for the protection of subjective civil rights and legal interests in court is an indispensable condition for the formation of a true civil society and the rule of law
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