Category “private law mechanism of law protection”: heuristic potential of use in civilistic theory and practice

The article discusses the genesis of the metaphorical category of “mechanism” in relation to the protection of civil rights. The natural character of the appearance of this category in the arsenal of the methodology of civilistics, due to the property of metaphorical legal consciousness is demonstrated. The heuristic potential of the category “mechanism” at its instrumental use in private law sciences is revealed, due to the fact that it initially assumes a plurality of interpretations and thus is already adapted to the conceptualization of any empirical material that needs a new comprehension from the point of view of de lege ferenda, with the subsequent formation of enforcement practice; it allows to build more clearly the inter-branch relations and structure the legal regulation as a whole - both at the national and interstate level; contributes to a more reliable testing of any new tools that are gradually introduced into the legal system in connection with the emergence of new realities, the concepts of regulation of which have not yet been fully formed. It is concluded that the category “private law mechanism of law protection” emphasizes the dialectical unity of static and dynamic aspects of legal regulation, as well as provides the genesis of a new subject of legal regulation, objectively inevitable in the rapidly changing post-industrial society.