Методологические проблемы цивилистических исследований. Сборник научных статей. Ежегодник. Выпуск 2. 2017 - стр. 58

Ключевые слова: метод; структурно-функциональный подход; реализация субъективных прав; исполнение обязанностей; гарантированное осуществление; механизм осуществления гражданских прав; правовое регулирование.

Introduction: in article features of structurally functional approach from the point of view of its general scientific and industry potential are considered. Purpose: to show productivity of methods and acceptances of the chosen methodological approach in research of the civil phenomena. Purpose: to consider problems of modern legal methodology in the sphere of research of implementation and protection of the civil laws and fulfillment of duties, to reveal the potential of system knowledge for creation of legal methodology of studying of the mechanism of the guaranteed implementation of the rights. Methods: general scientific methods became a methodological basis of research: functional, structural analysis, synthesis; and chastnonauchny acceptances: legallistic, comparative and legal. Results: the methodology of studying of the mechanism of implementation of the rights and fulfillment of duties based on idea of implementation of the right and discharge of duty as to change of their high-quality conditions has allowed to differentiate specifics of adjacent legal categories – the mechanism of legal regulation and the mechanism of implementation of the rights and fulfillment of duties, to determine specific elements and stages of action of the last. Conclusions: the mechanism of legal regulation appears as process imperious and managerial, it is reasonable to consider the mechanism of implementation of the subjective rights and obligations as the intellectual and strong-willed process of goal achievement by the owner expressed in a certain order of legally significant actions of the subject, conditions and means. In connection therewith it is necessary to understand the rights and obligations and factors (elements, the main parts) influencing them which are consistently transforming them from a condition of a legislative opportunity to a condition of the actual implementation constituting it as elements of the mechanism. The mechanism of implementation of the subjective right and discharge of duty in a broad sense includes the following stages: prerealizable, forming of the subjective right, its establishment, procedural implementation phase of the right, a stage of the actual implementation, a stage of protection of the violated right. This legal design is based on unity of diverse functionally justified components: process of change of conditions of the right (obligation), objectivization and subjectivation of the right and obligation, main and organizational legal relationship, functional and ofice stages.