and on compensation of harm caused by illegal actions (or inactions) of the governmental bodies and their officials104. In compliance with Art.15 of the Civil Code, the losses of an entrepreneur being the result of his rights and interests violation should be fully indemnified. The significance and content of losses cover all possible for an entrepreneur material losses, including lost revenues that an entrepreneur could have obtained under normal conditions of civil circulation, if his right had not been infringed — a lost profit. Some actions directed at hindering entrepreneurial activity could be classified as a crime (art. 169 Hindering Lawful Entrepreneurial Activity of the Criminal Code of the Russian Federation).
Methods and mechanisms of entrepreneur's rights and interests protection The methods of civil rights protection are stipulated by the Civil Code and other laws of Russian Federation legal means, application thereof is based on the right acknowledgement, results in restoration of the situation existed before the right's violation as well as in cessation of actions violating the right or creating threat to its application. There are means of civil rights protection, following of them being applicable to the sphere of entrepreneurial activity: 1. Acknowledgement of right. 2. Restoration of the situation existed before the right's violation and cessation of actions 3. Acknowledgement of a transaction in question to be invalid and application of the consequences of its invalidity, application of the consequences of invalidity of a null transaction. Acknowledgement of the act of state authority or local self-administration invalid. Self-defenсe of the right. Sentence for execution of an obligation in kind. Indemnification of losses. Charging penalty. Termination or modification of a legal relationship. Non-application by court of an act of state authority or local self-administration contradicting to law. Every one of the above mentioned methods could be applied separately or together with other types. Law allows use of such methods of civil rights protection that are not listed in art.12 of the Civil Code but are stipulated by legislation. They include, for example, the right to address competent state authorities (prosecutor's office, etc.) with request to take measures of state compulsion. Various methods of protection assumes various procedures and mechanisms of entrepreneur's rights and interests protection. The mechanism of rights protection is an application of methods of protection. There are the following kinds of protection mechanisms: 1. Out-of-court — self-defence; settlement of disputes out of court; settlement of applications and claims by executive authority bodies in order of subordination (including notary form of protection). 2. In-court — constitutional protection; settlement of economic disputes by common courts, arbitration courts and intermediary courts. As a rule, existing legislation allows entrepreneurs to select those methods and procedures of his rights protection that he finds to be the most adequate under particular circumstances. 104
According to Art. 53 of the Constitutuion of the Russian Federation. 158
Published on Jul 6, 2010
1. STATE AND MUNICIPAL AUTHORITIES IN ST. PETERSBURG In St. Petersburg the system of state authorities was formed which has statutory object...