Improper way of the civil right protection as the reason for the claim dismissal

Individuals and legal persons when taking legal actions in the court for their rights protection, should use for that those ways defined by the legislation. The analysis of the court practice shows that one of the most common reasons for the claim dismissal is "choosing the improper way of protection by the person". However, it is not always the case that such reason for the dismissal is justified. And it is needed to set definite rules for such reason application in situations where this reason application by the court is justifiable.