L.A. Chegovadze

The scientific article examines the problems of determining the content of subjective civil right, the influence of the doctrine on law enforcement, as well as protection in court of the right that does not objectively exist. Based on the analysis of the doctrine, the main theories of the content of subjective civil right are distinguished. In the debate about the possibility of considering the right to protection outside the scope of the content of subjective right, the authors take the position that the right to protection can exist only as an element of the content of subjective right. The impossibility of exercising the subjective right to defense in the absence of any element of the content of the subjective right is substantiated. It is proved that within the framework of the structure of subjective right, the right to protection is inherent in each element of the content of subjective right. It is concluded that the goal of protecting the right is connected with the restoration of the capabilities of the rightholder of the subjective right to act at his own discretion in the scope of his powers. It is proved that judicial protection of the absent right actually “creates” a nonexistent right. Based on the analysis of judicial practice and the existing theory, the conclusion is substantiated that not any error in the behavior of the subject creates an opportunity to protect the right. Such behavior should prevent the copyright holder from exercising the right in his interest.