Legal protection of businesses and organizations, analysis of legal risks
There is no interpretation of the term "legal protection" in the current legislation. However, in a general sense, it is understood as protection against violation of the existing rights and legitimate interests of a citizen or organization. According to Art. 45 of the Constitution of the Russian Federation, in addition to state protection of human and civil rights, self-defense can also be attributed to legal methods of restoring violated rights – the activity of the person himself, aimed at eliminating obstacles in the implementation of his legal status and legal protection, which de facto is expressed in the representation of interests individuals and legal entities by professional representatives (lawyers, attorneys).
Legal protection, both in the broad and narrow sense of this concept, is always a legal process, which, in the first case, follows from various forms of legal activity of state bodies and public associations, and in the second case, is understood as a system of sequential legal operations, techniques, leading to a specific result – the protection and restoration of the violated rights of individuals or legal entities.
Depending on what rights are violated, legal protection can be carried out in the order of constitutional, civil, administrative and criminal proceedings, each of which applies a certain system of legal acts, which is the legal basis for protection. In addition to existing legal acts, judicial practice (especially the practice of the Supreme Court of the Russian Federation) has a special influence on legal protection in court.
At the same time, in addition to judicial protection of rights, it is also possible to protect rights out of court. Thus, the Civil Code of the Russian Federation most fully reveals the ways of protecting rights in civil law relations. These methods include:
- recognition of the right;
- restoration of the situation that existed before the violation of the right, and suppression of actions that violate the right or create a threat of its violation;
- recognition of a voidable transaction as invalid and application of the consequences of its invalidity, application of the consequences of the invalidity of a void transaction;
- invalidation of the decision of the meeting;
- invalidation of an act of a state body or local self-government body;
- self-defense of the right;
- award to performance of duty in kind;
- recovery of a penalty;
- compensation for non-pecuniary damage;
- termination or change of legal relationship;
- non-application by the court of an act of a state body or local self-government body that contradicts the law;
- other legal methods.
In particular, other ways of protecting the right include protection of IP rights, protection of personal non-property rights, application of measures to ensure the fulfillment of obligations, etc.
The choice by a person of one or another method of protecting the right is at his discretion. At the same time, as part of the consideration of court cases by the Supreme Court of the Russian Federation, it is concluded that from the analysis of Art. 12 of the Civil Code of the Russian Federation it follows that the methods of protecting civil rights are formulated in it in a general form and are subject to clarification when subjects of specific civil rights choose ways to protect them (in particular, in the case of protecting a subjective right by recognizing a right, the specific violated right should be indicated). When deciding on a case, the court should be guided not by formal considerations and grounds for refusing to satisfy the claim, but proceed from the motives associated with assessing the essence of the disputed right itself, and take into account all the circumstances that are important for the correct resolution of the case (Definition of the UK on civil Cases of the Supreme Court of the Russian Federation dated August 26, 2014 N 4-KG14-16).
Thus, applying this or that method of protecting the right, it is necessary to analyze what the violation of rights consists in. At the same time, it is unacceptable to use methods of protecting rights that are not provided for by law.
Protection of rights can be aimed not only at preventing violations of rights, but also at restoring violated rights and bringing to justice the person who committed the corresponding violation.
A special role in the protection of rights is played by timely legal assistance, which may consist in the legal protection of the interests of individuals and legal entities. Legal protection is actually carried out through the implementation of many measures within the framework of legal assistance.
For example, the legal protection of organizations may include such legal support measures as:
- claim work;
- analysis of legal risks in contractual activities, protection of interests during inspections;
- legal compliance;
- verification of counterparties;
- taking measures to ensure information security and confidentiality in the work of the company;
- development of local legal acts regulating the activities of the organization;
- accompanying the company in the framework of inspections;
- protection of the company's rights in court.
The above list of measures aimed at legal protection is not exhaustive. The choice of appropriate measures directly depends on the qualitative legal assessment of violated rights and the most effective ways to protect them. Timely appeal for legal assistance to take appropriate measures guarantees the high efficiency of legal protection.
- Advice on choosing a way to protect violated rights
- Analysis of legal risks when choosing a way to protect rights and taking measures for such protection
- Pre-trial settlement of disputes
- Legal protection of business within the framework of inspections
- Legal protection of organizations in the course of contractual activities
- Legal protection of the interests of entrepreneurs
- Services for the protection of the rights and interests of individuals and legal entities in court