Journal of Siberian Federal University. Humanities & Social Sciences / On the Essence of Legal Obstacles to Exercising and Protection of Legal Rights and Interests: the Problem Statement

Full text (.pdf)
Issue
Journal of Siberian Federal University. Humanities & Social Sciences. 2014 7 (7)
Authors
Panchenko, Vladislav Yu.; Petrov, Alexander A.; Tolstikh, Anna S.
Contact information
Panchenko, Vladislav Yu.:Siberian Federal University 79 Svobodny, Krasnoyarsk, 660041, Russia; E-mail: ; Petrov, Alexander A.:Siberian Federal University 79 Svobodny, Krasnoyarsk, 660041, Russia; Tolstikh, Anna S.:Siberian Federal University 79 Svobodny, Krasnoyarsk, 660041, Russia
Keywords
legal obstacles in the implementation and protection of rights and legal interests; legal guarantees of rights and liberties; restrictions of rights; implementation (exercising) of law; legal regulation
Abstract

Legal obstacles remain to be little-studied in the Russian legal studies, although the expressions “unhindered implementation”, “unhindered exercise” are used as set phrases. This article analyzes essential features of the legal obstacles to exercising of rights and legitimate interests, such as focus on the satisfaction of legally unprotected interests; having an ability typical of legal measures to produce an impact on activities of the subject of law; impediments to the process of rights exercising. As a starting point we offer the following definition of (legal) obstacles to exercising and protection of rights, liberties and legal interests: it is established legal and (or) legal and factual conditions that complicate (block or hinder) the implementation of legal opportunities (rights, liberties and legal interests) of a particular subject of law in a particular situation requiring the bearer of rights and legitimate interests to pay other, regulatory unstated, or referred to in the established order of rights exercise, but disproportionate, unreasonable organizational, logistical, temporal, intellectual and other costs

Pages
1190-1194
Paper at repository of SibFU
https://elib.sfu-kras.ru/handle/2311/13224

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