SYSTEMATIC REFLECTION OF CIVIL RIGHTS PROTECTION AS A CATEGORY OF CIVIL LAW
Keywords:
paradigm, civil rights, legitimate interests, subjects, protection, violation, restoration, law enforcementAbstract
The article examines the paradigm of civil rights protection as a fundamental category of modern civilization and law enforcement activities. It is shown that the institution of protection represents a systemic element of civil law regulation aimed at restoring violated rights, preventing their violation, and strengthening law and order. Various scientific approaches – functional, activity-based, instrumental, and legal-relational – are analyzed, revealing the multi-level nature of protection. Special attention is paid to the conceptual provisions of the domestic doctrine and international legal standards that define the modern understanding of the protection of subjective civil rights. Based on the analysis of the legislation and judicial practice of the Republic of Uzbekistan, trends in the formation of a national model of defense based on the principles of justice, proportionality, and procedural effectiveness have been identified. The need to further systematize methods and measures of protection, as well as to improve their legislative regulation, is noted. It is concluded that the modern paradigm of civil rights protection integrates preventive, restorative, and compensatory functions, ensuring the stability of civil turnover, legal certainty, and the realization of a person’s constitutional right to judicial protection. This article is of interest to a wide range of readers – from representatives of the scientific community and teachers of legal disciplines to practicing lawyers, judges, and postgraduate students. The obtained results and conclusions can be used in the improvement of civil legislation and in the educational process of law schools, as well as in law enforcement practice.