Civil rights remedies from the perspective of the functional approach

Nowadays, judicial practice requires scientific research on the conditions of the application of some remedies and the criteria for the appropriate remedy selection by the authorized person. The starting point for researching specific remedies is the notion of the remedy. It does not have any legal definition in Russian legislation and a uniform understanding in the civil law science. This work is aimed to define the concept of remedy by the functional research method. The article reviews scientists’ definitions of remedy, points out the limitations of current approaches and presents the author’s definition of the term. Remedy is defined as legal means for dispute resolution. According to the author, the function of the remedy is legal qualification of the authorized person’s claims. Using functional method to explain the essence of the remedy is justified by justified by the presence of legal means attributes in the remedy, which are analyzed in the paper. The author outlines the advantages of applying a functional approach to remedies. In particular, it allows to consider different claims as a single legal category, while simultaneously making it possible to differentiate claims depending on the purpose of the authorized person, which is important for settling disputes under the conditions of the factual individualization of the claim.

civil rights protection, remedy, claim, action, functional approach