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the Substantive provisions which are taken out on protection:


1. The concept of the guaranteed realisation of the civil rights and discharge of duties represents system of sights about the mechanism of realisation of the rights and duties and ways of its optimisation when realisation it is right inevitably follows exclusively to will of the subject of the granted right as all legal means, activity of machinery of state and other subjects of law are directed on maintenance not only legal, but also to actual realisation of the right and compulsion to discharge of duty. And discharge of duties mechanisms of realisation of the rights and duties should constitute a basis of the guaranteed realisation of the civil rights.
2. And discharges of duties it is necessary to understand legislatively authorised order of the organisation of actual and-or legally significant actions of participants of the civil matters as the mechanism of realisation of the subjective civil rights, providing the valid achievement by subjects of the legal purpose (blessing reception/granting).
The mechanism of realisation of the civil rights and discharge of duties? This system phenomenon which is direct, or oposredovanno is connected with other kinds of legal mechanisms: the legal regulation mechanism, law-making mechanisms, pravoprimenenija, pravotolkovanija. The mechanism of realisation of the rights, on the one hand, in some stages coincides with action of the mechanism of legal regulation, and with another, — owing to features of developing civil relations (prevalence of an optional method of regulation), considered with a position of the carrier of the rights and duties, includes defined, peculiar only to the given legal model, elements and action stages. It is connected, first of all, with stages of an establishment of the right, actual realisation of the right and discharge of duty (real reception/granting of the blessing), not entering into structure of the mechanism of legal regulation.
3. Elements of the mechanism of realisation of the civil rights and discharges of duties are: rights, subjective duties, juridical facts, ways of realisation of the rights and discharge of duties (actual and legally significant actions), the realisation form (an establishment, act, legal procedures). In wide value into mechanism structure enter: the favorable legal environment including the national legal doctrine, a forming ideological basis of the mechanism; principles of realisation of the rights and discharge of duties; rules of law; customs of a business turn; juridical facts (legal structure); civil matters; organizational-subject constituting (activity of registration, tax, sanitary, customs and other bodies), including obespechitelnye (guarantee) elements.
All listed parts available and unity form the mechanism of realisation of the rights and discharge of duties. If the given structural components are present at the mechanism this system defining an order of movement of the right from the occurrence before actual realisation, becomes operating.
4. The stage of action of the mechanism of realisation of the rights and discharge of duties represents an order of the organisation of realisation of the rights and discharge of duties during the concrete moment of time. The maintenance of stages of action of the mechanism of realisation is the sequence of certain actions of participants of legal relations authorised by the law.
Following stages of action of the mechanism of realisation of the civil rights and discharge of duties are revealed: a preparatory stage (a condition stage), prerealizable which is characterised by presence of concrete preconditions of realisation of the rights and discharges of duties: the principles of realisation of the rights mastered by the doctrine and the discharge of duties, corresponding legal rules, the legal personality, legally significant facts; right formation (this stage is expressed in the course of creation complete legal (actual) structure in which the solving facts have special value); the stage of an establishment of the right and a duty represents comprehension process authorised the right (duty) and a recognition of this right (duty) other persons — subjects of the civil circulation; a stage of procedural realisation of the granted right, certificates of realisation of the rights and duties; a stage of protection broken the rights (facultative); Stage actual (reception of the required blessing) and legal realisation of the right and discharge of duty.

5. Depending on the maintenance of civil law (duty) two kinds of mechanisms of realisation of the civil rights and discharge of duties are formed: simple and difficult. Under simple the mechanism limited to the minimum set of stages of realisation, not including auxiliary transactions is meant. The difficult mechanism is characterised by a multistage, multiphasic procedure of the rights and discharges of duties.
Action (dynamics) of the difficult mechanism of realisation of the rights and discharge of duties is provided with fulfilment by participants of legal relations of sequence of the auxiliary transactions generating corresponding sekundarnye the rights (or duties) other party on fulfilment of reciprocal auxiliary transactions. The auxiliary transaction represents the minimum necessary link of the mechanism which loss attracts a stop, invariable "braking" of all design as a whole. The difficult mechanism of realisation of the rights and discharge of duties, thus, represents hierarchical multilevel system of legal procedures which are made by realisation of some auxiliary transactions.
6. Sistemnost the mechanism of realisation of the rights and discharge of duties it is shown in conformity of certain elements to concrete stages of its action. Infringement of this order leads to occurrence of obstacles in a way of realisation of the rights and discharges of duties. Each link of the mechanism of realisation should be generated so that it not only realised the internal purpose, justified the essence, but also created all conditions for approach and realisation of a following stage. Mechanism action is finished not guarding pravoprimenitelnyj by the certificate, and a stage of actual elimination of breaches of law, restoration (recognition) of the right and (or) indemnification of the losses caused by breach of law.
7. As a component of the mechanism of realisation of civil law and discharge of duty the legal relations act. Civil matter is a legal form in which frameworks the right is carried out and the subjective duty is executed korrespondirujushchaja to it. Rights and duties from the moment of the occurrence are in a condition of the realisation as mediate objective reality. They also constantly change: in substantial (structural), functional and time qualities. Statics of rights and duties do not exist.
8. Principles of realisation of the civil rights and discharge of duties act as supervising beginnings at all stages of action of the mechanism, characterise more exhaustively, model process of achievement of the legal purpose during realisation of the rights and discharge of duties. The new direction in the theory of principles of realisation of the rights — the systemic-functional approach — has allowed to apprehend a complex of diverse principles as the uniform internally differentiated system. It is necessary to recognise as defining criterion of revealing of the named beginnings their functional purpose in the considered mechanism.
9. The system of principles of realisation of the civil rights and discharge of duties is subdivided on two classification groups: tselepolagajushchie principles and the principles-methods representing on degree obobshchennosti, sphere of action two co-operating levels of imperatives. The first level of principles includes the general provisions forming representation about the purposes and problems of legal regulation, concentrating representations on normal, forced development of civil-law relations. This group of the beginnings concern: a principle of the guaranteed realisation, an efficiency principle, a principle of a combination public and private interests. The second level of principles — the group of principles-methods — represents more private, concrete display of the beginnings of the first level. Number of principles-methods concern: Principle of optionality, equality of participants of civil matters, unobstructed realisation of the civil rights, preservations of the rights in default citizens and legal bodies from these rights, inadmissibility of misuse of right and a principle of harmony of the civil rights and duties.
10. The new category — a principle-method of realisation of the civil rights and discharge of duties is proved. The Principle-method is a basic direction of the organisation of the legal bond of subjects, their activity which is adequate to branch of law and the legal purpose. The given beginning forms certain receptions and ways of realisation, creates preconditions of a choice of concrete implementers of the rights and discharge of duties. Partially designating the legal regulation purpose, the principle-method instructs for ways of action and acts as a regulator of those legal methods which form the mechanism of realisation of the rights and discharge of duties.
11. A basic principle in the mechanism is the principle of the guaranteed realisation of the civil rights as which major condition formation of the favorable legal environment acts. The favorable legal environment represents an optimum condition of system legal bonds (set of conditions and legal means), the rights most positively influencing realisation and discharge of duties and stimulating the civil circulation. The favorable legal environment as the complex legal phenomenon includes a formal (ideological) basis: perfect norms and principles of realisation of the rights and discharge of duties, legal institutions (the mechanism of realisation of the rights put in pawn in the right and discharges of duties, the mechanism of protection of the rights), and also organizational level: lawful activity of subjects of law, effective work of vessels, law and order bodies.
12. Formation of the mechanism of realisation of the rights of weakness in legal relation depends on understanding of a legal status of the given subject. Weakness can be estimated from four positions: lexical (nominative) when as weakness the debtor in the obligation acts, that is that person who bears burden of fulfilment of those or other designated actions in favour of other person, risk of impossibility of discharge of duty and corresponding civil responsibility; formal (standard) if weakness is understood as the creditor in legal relation, it is allocated with corresponding competences on protection of the rights, corresponding forms and ways of protection of the civil rights are provided; contractual when weakness in the contractual obligation is the participant possessing initially smaller resource, economic base, status possibilities in relation to the counterpart. Without additional, unilateral is standard-legal support so-called weakness becomes dependent from the "strong" party; the organizational: weakness that which has the right admits the obligation, however forms and ways of its realisation, and also the mechanism of realisation of this right provided by regulatory legal acts in concrete legal relation is imperfect. Additional legal detailed elaboration, that is legislative, judicial or administrative support Is required.
The offered positions define legal strategy in formation of the mechanism of realisation of the rights and discharges of duties.
The carried out research has allowed the author of dissertation to make a number of offers on legislation perfection. In particular: to bring in item 1 of item 1 GK the Russian Federation a principle of the guaranteed realisation of the rights and discharge of duties; to add civil and the law of procedure (gl. 19, 20 GK the Russian Federation; item 4 of agrarian and industrial complex of the Russian Federation; FZ from October, 11th, 2002 № 161-FZ źAbout the state and municipal unitary enterprises╗) positions about a duty of the state and municipal unitary enterprises to address in court for protection of the broken or challenged rights. According to item 1 of item 9 GK the Russian Federation to state in the following edition: ź Citizens and legal bodies at own discretion carry out the civil rights belonging to them, except for cases, statutory ╗;) to add item 415 GK the Russian Federation with position that the state and municipal unitary enterprises to which the property belongs on the right of economic conducting, and also state and municipal authorities cannot acquit without the consent of the proprietor; as diligent use of a trade mark it is necessary to recognise and fix legislatively (in ž 2 gl. 76 GK the Russian Federation) a condition according to which the manufacturer (executor) who includes a component of other product in production, is obliged to advertise openly the goods as a containing element with a corresponding trade mark, etc.
Theoretical and practical value of research consists that its conclusions and positions can be used for the further development of the doctrine about realisation of the civil rights and discharge of duties. The received results can form a theoretical basis for legislation perfection, for carrying out of examinations of standard legal acts, be used in educational process and legal practice.
Approbation and introduction of results of research. The dissertation is considered and approved on faculty meeting of legal maintenance of market economy of the Russian academy of public service at the President of the Russian Federation and chair of civil law of the Saratov state academy of the right. Results of research have found application in activity of the Saratov branch of Institute of the state and the right of the Russian Academy of Sciences: in discussions at methodological seminars, in work of sector of branch problems, by preparation of projects and examination of laws. Scientific results have been approved by preparation: concepts FZ źAbout regulatory legal acts in the Russian Federation╗ (2006); project FZ źAbout physical culture and sports in the Russian Federation╗ (2006-2007); the project of the concept of the Policy of Law in the Russian Federation till 2020 (2007-2009); expert jurid. Systems "LEXPRO" (M: LEXPRO [El. A resource]: sprav. The rights. System. 2005-).
The monography źRealization of the rights and duties under the power supply contract╗ (Saratov, 2007) became the winner of Competition on the best scientific book of 2007 and is recommended by Fund of development of a domestic education for use in educational process.
Research materials have been used in educational process at carrying out lecture, seminar and a practical training in the Saratov state academy of the right, including at faculty of improvement of professional skill of experts, in discipline "Civil law".
Dissertation positions were discussed at thirty eight international and All-Russia conferences: the Conference devoted to the 15 anniversary of the Constitution of the Russian Federation (Moscow, the Kremlin, 2008); mezhdunar. konf. źThe right to protection of the rights and freedom of the person and the citizen╗ (Moscow, the Moscow State University of M.V.Lomonosova, 2008); mezhdunar. konf., devoted to the 15 anniversary of acceptance of the Constitution of the Russian Federation (Moscow, MGJUA, 2008); the Second Vseros. konf. źDerzhavinsky readings╗ (Moscow, RPA Ministry of Justice of the Russian Federation, 2006); mezhdunar. konf. źThe civil legislation of the Russian Federation as the legal environment of a civil society╗ (Krasnodar, 2005); Vseros. konf., devoted to the 95 anniversary of the basis of the Bashkir state university (Ufa, BashGU, 2004); Vseros. konf. źTwo centuries of jurisprudence and formation at the Kazan university╗ (Kazan, Kazan gos. Un y, 2004); Vseros. konf. ź Modern problems of interaction material and the law of procedure of Russia: the theory and practice ╗(Ekaterinburg, UrGJUA, 2003); mezhdunar. konf.ź Human rights: ways of their realisation ╗(Saratov, SGAP, 1998), etc.
On a research theme it is published 158работ, including 8монографий and 38статьей in the leading reviewed magazines recommended VAK Minobrnauki the Russian Federation for the publication of results of doctor's dissertational researches.
The dissertation structure is caused by logic of the research, set as by the purpose and problems. Work consists of the introduction, three sections, seven heads including twenty two paragraphs, the conclusions, the list of normative acts, the literature and materials pravoprimenitelnoj experts. Dissertation total amount – 425 pages.

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A source: Vavilin Evgenie Valerevich. the MECHANISM of REALIZATION of the CIVIL RIGHTS And DISCHARGE OF DUTIES. The dissertation on competition of a scientific degree of the doctor of juridical science. Moscow - 2009. 2009

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