Polnyi D. Protection of subjective civil rights of the parties to the lease contract

The work is devoted to a comprehensive study of modern theoretical and practical problems of protecting the subjective rights of the tenant and lessor in case of their violation by the counterparty. General theoretical approaches to understanding the essence of the concept of protection of the right, the right to protection, ways of protecting rights are considered and the author's approach to understanding these concepts is formulated. The author described the legal relations arising from the lease agreement in order to form a system of ways to protect the rights of the parties to this contract. In the process of studying the boundaries of the application and effectiveness of methods and forms of protection of the rights of the tenant and lessor, it was concluded that in the case of the parties to the contract applying orders of protection methods that are not provided for by law or contract, the possibility of their use is determined by the principle of access to justice, the need to choose an effective method of protection. In these circumstances, the court determines the method of protection in such a way that it does not contradict the law and the content of the violated right. The author paid special attention to the peculiarities of the use of operational measures to protect subjective civil parties to the lease agreement. It was noted that it was advisable to regularize the right of retention in general provisions on leases and the algorithm for its implementation by notifying the debtor about it, indicating the timing and methods of notification. It is determined that the refusal of the contract in some cases is due to a violation of the rights of the parties to the lease agreement, and otherwise it is motivated by a loss of interest in the contract, which is concluded for an indefinite period. The author considered the peculiarities of the use of such an operational influence in rental relations as the tenant fulfilling the lessor's duty at his expense.