The thesis is devoted to the research and analysis of problems of subjective civil rights exercise, abuse of substantive and procedural rights, the notion, forms and means of subjective civil rights protection, as well as the peculiarities of protection of particular kinds of subjective civil rights in judicial practice. The thesis contains analysis of the system concepts of exercise and protection of subjective civil rights in order to develop a comprehensive understanding of these categories in the science of civil law based on theoretical principles and judicial practice of applying civil law of Ukraine. It is established in the thesis that the actual commission of acts, the possibility for committing of which is given to the person by subjective civil right assigning to him/her (acquisition), is considered to be the exercise. Realization of subjective civil rights is effected by three levels of principles. On the first level general legal principles influence the relevant conduct of subjects. At the same time, having in mind peculiarities of different branches of law, within the latter these principles can be filled with different meaning and have certain peculiarities, thus, their influence on public relations is made not directly but indirectly with specifying in principles of each branch of law, i. e. through that understanding of respective categories that prevail in the doctrine of certain branch of law. The second level consists of branch principles, in this case it is principles of civil law. In connection with this, there is a direct relation to the subject of research of a problem of implementing general fundamentals of civil legislation during realization of civil rights and obligations. The third level consists of special (institutional) principles of subjective civil rights realization. It emphasizes that freedom of subjective civil rights realization is a basic legal principle that underlies in other principles of law. The crucial thing is that principles of subject civil rights realization are not exhausted only by those defined in legislation as general principles (Art. 3 of the Civil Code of Ukraine). Analysis of subjective civil rights realization confirms also the existence of special (institutional) principles of subjective rights realization. Principles of subjective civil rights realization may be classified as branch principles and special ones. The first relate to principles of freedom of subjective civil rights realization, of justice, of good faith and prudence, where general legal and other branch principles are embodied (rule of law, principle of legality, dispositivity, equality, etc.). Special principles are principles of realization of subjective civil right in accordance with their purpose and whether subjective right realization is guaranteed. The author defines that the essence of abuse of right as committing by the authorized person of acts constituting the content of respective subjective civil right, is a demonstration of bad faith, including those committed contrary to the purpose of law. Moreover, the category of "abuse of procedural right" is regarded as a part of a broader notion - "procedural violation". It is emphasized that from the practical point of view correct qualifying acts of participants of legal proceedings, whether it is abuse of procedural right or other procedural violation, firstly, in order to correctly qualify respective procedural sanctions. The thesis establishes that protection of subjective civil rights within the mechanism for civil law regulation is connected with other stages by inseparable system connections. The main task of protection is exactly dealing with obstacles, arisen for the authorized person towards the implementation of his or her right, through enforcing performance of obligations by the obliged person. In all cases when granting the general compulsory nature to the rule of conduct it provide necessarily an existence of means of bringing into conformity of the actual conduct of the obliged person with the respective model. The peculiarity of protection stage lays in its constant exercise in the specific remedy. The thesis defines that protection of subjective civil rights is an important stage of civil law regulation, connected with inseparable system connections with other stages. General compulsory nature given to the rule of conduct raises the necessity to define means of bringing into conformity of the actual conduct of the obliged person with the model set forth in the respective rule of law. It is proposed to solve the problem of defining legal nature of preventive protection not through the lens of forming a new component for broader notion of rights protection, but in the sphere of reinterpretation category of "subjective right protection". Despite certain peculiarities, preventive measures must conform with requirements traditionally made to "conventional" protection of right (conformity of the subjective right content, adequacy of obliged person's actions, etc.) The exhaustive list of remedies of protection civil rights and legal interests does not correspond with the current level of development of civil law relations. Therefore, it is proposed in the thesis to enshrine the possibility of applying remedies that are considered to be due. The compulsory requirements for recognizing chosen remedy is its efficiency and correspondence with the chosen remedy for protection of the content of subjective right, for protection of which the person addressed, as well as the nature of its violation.
