JUDICIAL PROTECTION OF CIVIL RIGHTS IN THE SOCIAL STATE. JUDICIAL PRACTICE

Abstract

In this article, the author described the importance of the human right to judicial protection of civil rights in the welfare state, which is Ukraine. The researcher developed and analyzed the legal framework (Constitution of Ukraine, Civil Code of Ukraine) and professional literature on this issue. Based on the current legislation, the author described ways to protect civil rights and interests, as well as noted the conditions under which the court may refuse to satisfy the claim for protection of civil rights, i.e., the limits of civil rights. In addition, the author collected, processed and analyzed court decisions on this issue. Thus in article, as examples, the author gives decisions of courts of various instances (both regional, appellate, and decisions of the Supreme Court). Describing the ways to protect a person’s civil rights, as an example, the author cites cases of compensation for non-pecuniary damage caused by police ill-treatment during a search (Dnieper Court of Appeal, case № 199/6247/20 of 16 June 2021), termination of the act that violated rights (Vasylkiv district court of Dnipropetrovsk region, the case № 172/798/20 from 12.01.2021), and about invalidation of the contract of life maintenance (VS/KTSS, case № 520/9320/17 from 18.12.2020). As for the limits of the exercise of civil rights defined by p. 13 of the Civil Code of Ukraine, the author, as an example, gives decisions in cases of division of spouses’ property aimed at preventing foreclosure on the debtor’s property (VS/KTSS, the case № 723/826/19 from 11.08.2021), and the alienation by the debtor of his house eight days after filing a lawsuit to recover the debt (KCS/VS, the case № 747/306/19 of 16.06.2021). It is concluded that judicial protection is one of the most important protections of human and civil rights and freedoms, which is guaranteed by the Constitution of Ukraine and other regulations.