• A
  • A
  • A
  • ABC
  • ABC
  • ABC
  • А
  • А
  • А
  • А
  • А
Regular version of the site
For visually-impairedUser profile (HSE staff only)SearchMenu

Legal Interest as the Subject of Judicial Protection in Civil Procedure

ФИО студента: Daria Kuzmina

Руководитель: Margarita Pavlova

Кампус/факультет: Faculty of Law

Программа: Jurisprudence (Bachelor)

Год защиты: 2021

The problem of protection of legitimate interests has occupied a special place in procedural civil science since the beginning of the XX century when the institution was first established as an independent subject of judicial protection in civil proceedings. Although for several decades the category has been repeatedly analyzed in numerous works of scientists, even at the present stage of the development of legislation, the discussions regarding the concept of a legally protected interest are far from complete. The purpose of the thesis is to study the mechanism of judicial protection of legitimate interests in civil proceedings and to identify a comprehensive view of its legal regulation. The structure of the work includes an introduction, three chapters, and a conclusion. The first chapter examines the history of the development of the protection of a legitimate interest in the context of domestic civil procedure legislation, analyzes the existing approaches to its definition and content in the doctrine, and offers a classification of legally protected interests. In the next section of the study, special attention is paid to the relationship and transformation of legitimate interest and subjective law, as well as to determining their place in the mechanism of legal regulation. The third chapter is devoted to the study of various ways to protect legitimate interests, including in certain types of civil proceedings and in the framework of the right to appeal. In conclusion, a possible definition of a legally protected interest is proposed. The necessity of extending the civil rights protection measures provided for in Article 12 of the Civil Code of the Russian Federation to the protection of legitimate interests to the extent that this does not contradict the essence of this legal institution is justified.

Student Theses at HSE must be completed in accordance with the University Rules and regulations specified by each educational programme.

Summaries of all theses must be published and made freely available on the HSE website.

The full text of a thesis can be published in open access on the HSE website only if the authoring student (copyright holder) agrees, or, if the thesis was written by a team of students, if all the co-authors (copyright holders) agree. After a thesis is published on the HSE website, it obtains the status of an online publication.

Student theses are objects of copyright and their use is subject to limitations in accordance with the Russian Federation’s law on intellectual property.

In the event that a thesis is quoted or otherwise used, reference to the author’s name and the source of quotation is required.

Search all student theses