On the issue of exceptional ways to protect civil rights in the Russian Federation

The author examines the features of the ways of protecting civil rights found in judicial practice: recognition of the contract as not concluded and recognition of the right as absent. The article highlights the ambiguity of these institutions from their positive and negative sides. The author considers significant judicial practice that determines the specifics of recognizing the non-conclusion of a contract as an unnamed method of protecting civil rights. Proposals are formulated on a differentiated approach to assessing the non-conclusion of a government contract, taking into account the balance of public and private interests of the parties, as well as the principle of good faith. The author believes that before deciding on the legislative consolidation in the Russian Federation of such an unnamed method of protection as recognition of the right as absent, it is necessary to proceed from the fact that the list of cases of application of this claim developed by judicial practice is exhaustive in nature and should not be subject to broad interpretation.