Protection of Rights Under Russian Civil law in a Comparative Context

AuthorD. Karkhalev
PositionBashkir State University (Ufa, Russia)
Pages126-137
BRICS LAW JOURNAL Volume III (2016) Issue 1
PRoTECTIon oF RIGHTS unDER RuSSIan CIVIL Law
In a CoMPaRaTIVE ConTEXT
DENIS KA RKHALEV,
Bashkir State University
(Ufa, Russia)
DOI:10.21684/2412-2343-2016-3-1-126-137
The article analyzes the ne w rules securing the protection of rights introduced in the
Russian Civil Code. New enforcement provisions in the Code will contribute to the stability
and sustainability of business transactions in the market economy and the observance
of contractual discipline. They aim at ensuring the most complete restoration of violated
civil rights and restoring the situation that existed before the violation. Positive changes
appear in Article 395 of the Code, including penalties prescribing interest payments on
unpaid funds for nonperformance of a monetary obligation. The changes to this article
have already been tested in practice, as found in a number of interpretations announced
in the decisions of higher courts of the judiciary. Yet, an analysis of the Code reveals the
absence of any form of penalty in the chapters on the individual types of obligations.
Furthermore, a forfeiture occurs only in certain circumstances where it is required due
to the nature of the legal relations, as under, for example, transport charters and codes,
and laws on the supply of goods for state requirements.
Keywords: protection of civil rights; responsibility in civil law; protection of civil relations.
Recommended citation: Denis Karkhalev, Protection of Rights under Russian Civil
Law in a Comparative Context, 3(1) BRICS Law Journal 126–137 (2016).
1. Introduction
The remedies for the violation of civil rights are provided for in Article 12 of the Civil
Code of the Russian Federation (hereinafter, the Civil Code or CC) and in other federal
laws. Article 12 of the Civil Code recognises the general methods by which rights are

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