D.N. Latypov, 

Candidate of Legal Sciences, Associate Professor of the Department of Business Law, 

Civil and Arbitration Procedure of the Law Faculty of the Perm State National Research University 

The article investigates procedural conditions of use of the appropriate means to protect civil rights. In legal science repeatedly there were discussions about advisability of regulation of the list of methods of protection of civil rights in Art. 12 of the Civil Code of the Russian Federation, as this article provides only a sample set of methods. The law does not provide the very concept of forms of protection of civil rights. Meanwhile, the choice of the method and forms of protection of civil rights belongs to the person whose right is violated. Therefore, these gaps in the law could lead to difficulties in restoration of violated rights. Also, the Civil Code of the Russian Federation establishes no legal concepts such as defense and protection of citizens’ rights. Meanwhile, the very existence of the subjective civil right due to the presence of legal categories of data as the subjective right represents the measure of possible (legal) behavior of the person on serving his legitimate interests provided by the law and provided with the state. From this it follows that a necessary condition of the existence of the subjective right is the ability to protect the violated or disputed right by using the state – the court or administrative bodies.

Keywords: protection of civil rights; jurisdictional forms of protection; non-jurisdictional forms of protection.