Еffectiveness Of Protection The Rights Of The Parties Of Lease Agreement

  • D.A. Polnyi
Keywords: lease agreement, non-jurisdictional safety methods, jurisdictional safety methods, the aim of protection, effectiveness of safety methods.

Abstract

The paper deals with the concept of measures to protect the rights of the parties of lease agreement. It is stated that in case of violation, non-recognition or challenge of the rights of lease agreement, the person against whom the illegal act was committed has the right to defend his rights independently or seek protection from one of the authorized bodies. It is emphasized that protection consists of measures of various nature.

The author proved that the effectiveness of protection depends on the correctly chosen method of protection and proof of the circumstances to which the person points. It is proved that it is important to set the right goal of personal protection and choose measures aimed at achieving this goal. These arguments are confirmed by judicial practice and scientific doctrine.

It is argued that non-jurisdictional safety methods, in particular self-defense, measures of operational influence, may be applied if they are provided or prohibited by law and are sufficient. Also jurisdictional safety methods must be applied when enforcement is required, or safety methods must be applied only by an authorized body.

Based on the analysis of judicial practice, the criteria for the effectiveness of safety methods are established and the limits of application of safety methods are determined. Measures of judicial protection of the rights of the parties of the lease agreement has been studied.

It is concluded that the limits of application of the method of protection are reflected in the legality, objectivity of application, depend on the existence of appropriate grounds and conditions, the nature of the violation, non-recognition, challenge.

Published
2021-01-17