Zhuk A. Restoration of the situation that existed before the violation as a way of protection of civil rights

Qualifying scientific work consists of three chapters divided into nine subsections, in which consideration begins with clarifying the historical stages of formation and development of civil law on the legal consolidation of the restoration of the situation that existed before the violation as a way to protect civil rights and ends with the establishment of features of its application in certain areas of civil relations. The first chapter «General characteristics of the restoration of the situation that existed before the violation as a way of protection of civil rights» clarifies the historical aspects of the formation and development of this way of protecting subjective civil rights and interests in domestic law. The author's definitions of the concepts of the method of protection of civil rights are proposed (as a set of permissible actions (techniques) established by law, contract or court, which determine a special procedure (model) for implementing state-coercive measures aimed at restoring violated civil rights and interests, recognition of disputed civil rights and interests, termination of their violation, as well as prevention of such violation); a means of protecting civil rights (as a specific legal instrument used to effectively implement the model of legal influence enshrined in the content of a particular way of protecting civil rights); restoring the situation that existed before the violation (as a set of actions committed by the person or competent bodies, determine a special procedure for the implementation of measures of state-coercive nature and aimed at restoring the factual and legal status of civil relations that existed before the violation of the person's subjective right). The possibility of qualifying the restoration of the situation that existed before the violation, both as a general and as a special method of protection, is substantiated. The functional connection between the categories of restoration of the right and restoration of the situation is defined, which consists in the fact that the restoration of the situation that existed before the violation is a tool for returning to the person the opportunity to exercise his subjective right. The second chapter «Comparative legal characteristics of the restoration of the situation that existed before the violation and other ways of protection of civil rights» using the comparative legal method distinguishes the restoration of the situation that existed before the violation from such ways of protection as restitution, termination of an act that violates the right, enforcement of duty in kind, extortion of property from someone else's illegal possession. The third chapter «Application of the restoration of the situation that existed before the violation as a way of protection of certain types of civil rights» focuses on the specifics of the application of the restoration of the situation that existed before the violation in such areas of civil relations as intellectual property and corporate legal relations. A three-level structure of classification of methods of protection of rights in the field of intellectual property is established It is concluded that it is necessary to distinguish between the renewal of the right as a special way to protect violated copyright and related rights and restoration of the situation that existed before the infringement. It is proved that the peculiarity of the application of restoration of the situation that existed before the violation in the process of protection of subjective intellectual property rights is reflected in the fact that the prerequisite for this method of protection is not only the negative consequences of violation of subjective rights, but also the possibility of their elimination. If it is impossible to eliminate the consequences of the offense, other way of protection should be used, in particular, the publication in the media the information about violations. Separately, within the chapter, attention is focused on the peculiarities of the application of the studied method of protection in the field of corporate relations. It has been proven that the transfer to the person of the rights and obligations of the buyer is not a special kind of restoration of the situation that existed before the violation, given the different mechanism of restoration of the violated right.