Every citizen has an inalienable right to protection of life, health, freedom and other rights. Moreover, you can protect your rights in all ways that are not prohibited by law. There are several important points that you should know when applying for the restoration of violated rights and legitimate interests.
Instructions
Step 1
According to the Constitution of the Russian Federation, a person, his rights and freedoms are the highest value. Recognition, observance and protection of human rights and freedoms is the duty of the state. Thus, every person should be given the opportunity to enjoy fundamental rights and freedoms, and the state should guarantee the real implementation of these rights and freedoms. Any citizen can defend himself on his own. At the same time, the person whose rights have been violated has the right to force the offender to stop the violation and restore the violated rights without resorting to the help of the police and the court. Such an act is considered a self-defense of civil rights. However, this method of self-defense must be proportionate to the violation and not go beyond the law.
Step 2
Very often, in order to restore justice, citizens have to turn to state and non-state organizations for assistance, initiating their human rights activities. There is also an opportunity to protect your rights by filing a complaint, a petition to the management of the institution whose employees are violating these rights. It is advisable to resort to the help of a specialized commission or law enforcement agencies, depending on the specific situation.
Step 3
Therefore, in order to defend your rights, you can appeal to the courts of general jurisdiction with a complaint against any decisions, actions (inaction) of state authorities, local authorities, officials and civil servants; to the prosecutor's office, which are able to challenge illegal actions; to the Constitutional Court of the Russian Federation with a request to pass the law unconstitutional and invalid; to the Commissioner for Human Rights of the Russian Federation, whose task is to consider complaints and appeals against decisions of state bodies and local government bodies.
Step 4
Undoubtedly, the Supreme Court is the last resort that helps to resolve many issues. The judicial procedure makes it possible to protect human rights in a civilized manner. Often only with the help of a court can the restoration of violated rights be achieved. It is important to remember that legal procedures must be followed in litigation. When applying to the court, it is necessary to correctly draw up a statement of claim, in which the name of the court to which the statement of claim is submitted must be indicated; the personal data of the plaintiff and his address; data of the defendant and his address. You also need to state the circumstances of the conflict and attach to the application all the necessary documents confirming the violation of civil rights.
Step 5
It should be borne in mind that the court may refuse to accept the claim if the case is not subject to trial in court; the procedure for the pre-trial decision has not been followed, as well as if the application was submitted by an incapacitated person.
