The entire modern world is a complex mechanism, driving force which humanity is. It is people who are the source of many things and phenomena that exist today. For example, such a political structure as society was once formed from banal tribal communities. An interesting fact is that any social formations could not exist without the presence of a regulator of social relations. After all, this element is entrusted with the function of coordinating the activities of all people without exception. Without the presence of such a regulator, society simply cannot exist in an orderly manner. Chaos and anarchy will begin. Today, the main regulator of society is law. This phenomenon penetrates absolutely into all spheres of people’s lives. This makes law a truly universal regulator. It should be noted that the mechanism of action of the presented regulator is based on specific relationships between legal entities. Today they appear everywhere. At the same time, legal relations, as they are commonly called, have their own structure. The concept and types of relationships will be discussed in detail later in the article.

Concept of category

In general, a relationship is a close relationship between two people. Moreover, it appears as a result of interests, common goals and other factors.

In turn, a legal relationship is also an interaction between two or more persons, during which a legally significant object is affected, and certain rights and obligations are generated. In all cases, the described category arises in the legal field. That is, there is an official basis for such a relationship.

Features of legal relations

Legally significant interaction is endowed with a large number of interesting aspects due to the fact that it has an official basis. Taking this into account, we can identify the characteristic features of legal relations.

Thus, legal relations, the concept and features of which are presented in the article, are a form of human interaction, after which the legal regime of the parties or any object changes.

Structure of legal relations

The category described in the article is structured. That is, it contains several different elements. Today, scientists argue that the legal relationship is a four-element structure in which the following main parts can be distinguished, namely:

• subject;
• an object;
• responsibilities of subjects and objects;
• subjective rights sides

As we understand, all presented elements are interconnected. In addition, they are also complex categories, each of which has its own legal features. Thus, in order to study legal ones in detail, it is necessary to analyze their main structural elements.

Parties in legal interaction (subjects of relations)

In jurisprudence, participants or subjects, as they are commonly called, are of great importance. But in in this case there are some peculiarities. When we talk about purely social relations, their participants are always people. This is how they resolve issues and achieve a certain result.

Legal relations, the concept and characteristics of which are presented in the article, can arise both between individuals, that is, people, and between legal organizations.

This feature exists due to the specific nature of the subjects. According to established tradition, participants in legal relations are socio-legal units. In other words, what is important is the legal regime of the subjects, their rights and obligations, and not the form. But if everything is clear with individuals, then with regard to legal entities the question arises about who they are. Legal entities are commercial and non-profit organizations.

Features of legal personality

Participants in legal relations must possess certain characteristics. Thanks to them, they can fully enter into legal interaction with other parties. Such characteristics include legal capacity and capacity. In the first case, we are talking about the fact that the subject is able to have rights and bear certain responsibilities in connection with this. Legal capacity, in turn, characterizes a person’s ability to acquire civic capabilities. In this case, the fact of fulfillment of obligations, which is another element of legal capacity, is of great importance.

Object of legal interaction

Considering the presented facts, we can say that the obligations are characterized by the following points:

1. They “talk” about the need to perform or abstain from any action.
2. Failure to fulfill obligations bears legal liability.
3. Obligations help empowered individuals to act within their capabilities because others cannot legally interfere with them.

Types of legal relations

Exists a large number of approaches to considering the problems of classification of interactions of a legal nature. Basics presented in this article legal relations show their essence and role in modern world. However, the established theoretical understanding of this category does not allow us to single out one classification feature. Therefore, all legal relations are grouped according to different criteria, for example:

• depending on the legal branch, constitutional, civil, criminal and other legal relations are distinguished;

• By legal nature all legal relations are divided into public and private;
• judging by the function of interaction, it can be regulatory or protective;
• Depending on the number of parties, all legal relations are divided into simple and complex.

The list presented is certainly not complete. Scientists everywhere are putting forward new theories of the separation of legal relations.

Conclusion

So, in the article we examined the concept, signs, types of legal relations. Their existence and development in the modern world shows a breakthrough of human genius. Let's hope that over time, legal relations and the entire legal industry will only develop.

The legal relations that arise and exist in life are extremely diverse and can be classified, depending on the grounds, into various types:

I. By functions of law legal relations are divided into 1) regulatory and 2) protective legal relations.

1) Regulatory legal relations - this is the lawful behavior of subjects, i.e. behavior arising on the basis of legal norms and strictly corresponding to them. Property, labor, family and marriage, state and legal.

2) Security relationships arise as a result of the unlawful behavior of the subjects. Within the framework of protective relations, the defendant compensates for damage caused by his actions material damage, a fine is imposed on the offender, the offender is brought to criminal liability, the convicted person is serving a sentence in prison, etc.

II. By branch of law legal relations (the basis of classification is the division of law into branches). There are as many types of legal relations as there are branches of domestic law - constitutional (citizenship relations, electoral relations), civil (purchase and sale relations), administrative (legal relations regarding the payment of a fine for administrative offense), labor (relations under an employment contract between employee and employer), family (marital relations between spouses), criminal, etc.

III. By content:

In dividing legal relations by industry, the distinction 1) substantive and 2) procedural legal relations.

1) Substantive relationships arise on the basis of norms substantive law. Their content is the rights and obligations that constitute the subject of interests of subjects of law, i.e. the essence of a legal matter: civil law, state law, administrative law and other substantive legal relations. For example, the relationship between the customer and the carrier in a contract for the carriage of goods.

2) Procedural legal relations arise on the basis procedural rules and are derived (secondary) from material and legal relations. They provide for the procedure for exercising the rights and obligations of subjects, the procedure for resolving a legal case: civil procedural, criminal procedural, administrative procedural and other procedural legal relations. For example, the relationship between the judge, prosecutor, lawyer, defendant and other participants in criminal proceedings in court.

IV. According to the degree of certainty of the parties

1)Relative – all participants are precisely defined in them: both authorized persons and obligated persons (buyer and seller, customer and contractor, etc.).

An example of such a relationship can be a legal relationship stipulated by a transaction agreement.

2) IN absolute In legal relations, only one person is known - the bearer of subjective right. All other subjects (absolutely everyone) are obligated, i.e. should not interfere with the exercise of subjective rights by an authorized person. As an example of such legal relations, property relations, copyright relations, and inventive relations are usually mentioned.

For example, the owner’s right to possess, use, dispose of this or that item of property corresponds to the obligation of an indefinite number (all) of the subjects surrounding him to respect this right and not take actions that could violate or limit it.

V. According to the degree of specification of subjects: 1 ) General (general regulatory) are considered legal relations that arise primarily on the basis of constitutional norms that establish the fundamental rights, freedoms and responsibilities of citizens. Citizens of the state, having powers enshrined in law, are, as it were, in a legal relationship with all subjects of law.

2) Specific. If these rights and freedoms are realized, then a specific legal relationship arises.

VI. By the nature of the duty Legal relations are divided into active and passive.

1) In legal relations active type the obligation of one party is to perform certain positive actions, and the right of the other is only to demand that this obligation be fulfilled (the landlord’s obligation to provide premises for rent and the tenant’s obligation to pay rent for the rented premises).

2) In legal relations passive type the duty is to refrain from actions prohibited by legal norms (not to violate the prohibitions contained in the criminal law; for example, not to lay claim to someone else’s property).

VII. By number of parties involved:

1) differentiate simple legal relations - represent the primary element of the system of legal relations and are characterized by the presence of two subjects, the interaction of which is regulated by a single rule of law and is associated with the implementation of the simplest goals. An example of a simple legal relationship is a relationship arising in connection with a small household transaction (buying a book in a store, the relationship between a customer and a contractor in a contract construction contract and so on.).

2) complex between several or even an unlimited number of entities (for example, a debtor, a creditor and a guarantor in a lending agreement; a customer, a contractor and a subcontractor in a construction agreement).

Complex legal relations are a system of interconnected legal relations, united by a common goal orientation. An example of a complex legal relationship is the civil procedural relationship in the field claim proceedings. This legal relationship arises from the moment a person files a lawsuit statement of claim and terminates upon entry into legal force court decision. At the same time, within the framework of a single legal relationship associated with the judicial consideration of a case, relatively independent legal relationships arise (plaintiff - judge; plaintiff - lawyer; judge - defendant, etc.), which are subordinated to a single goal - an objective (fair) resolution of a dispute about the law .

VIII. By duration

1)short-term legal relations imply a one-time nature of the relationship (purchase and sale relations),

2)long-term relations are long-term in nature (relations for providing pensions between pension authorities and pensioners) .

IX. Depending on the relationship between mutual rights and obligations of legal entities talk about legal relations 1) characterized by equality of parties – each party has approximately the same scope of rights and obligations,

2) characterized by a hierarchy of parties , the presence between them of relations of power and subordination. A subject occupying a higher place in the hierarchy has, in relation to the lower one, more rights and fewer responsibilities.

X. By way of settling relations (or by method legal regulation) distinguish between private (contractual) and public (government-administrative) legal relations. Participants private law relations act as equal partners in these relations (these are civil law, family law, labor Relations). In public relations, one of the parties is the state, state or other bodies vested with powers in relation to the other party (for example, criminal law, administrative law, constitutional law and other relations).

XI. In the field of legal regulation – according to this criterion, legal relations in the sphere of international and national (domestic) law are distinguished. In addition, if we consider the area of ​​public and private interests as the sphere of legal regulation, then it seems appropriate to distinguish between legal relations in the sphere of public and private law.

1) Public legal relations are characterized by an imperiously binding character (hence the name - power relations). The specific features of this group of relations are the formal legal inequality of subjects (some of which are vested with powers on behalf of the state, while others are obliged to obey these powers), as well as the predominance of imperative methods of legal regulation. Relations in the sphere public law often called hierarchical (subordination relationships). At the same time, the basic rules of behavior of subjects of public legal relations are enshrined in normative legal acts that act as sources of law of an objective nature (the very fact of the adoption of these acts, as well as the features of their form and content, do not depend on the will of the subjects involved). Public legal relations prevail in constitutional, criminal, and administrative law.

2) Private law relations affect the isolated (private) interests of individual and collective subjects and, in essence, cannot be considered as generally valid. These relations are characterized by formal legal equality of subjects and dispositive methods of legal regulation. Moreover, in contrast to a public legal relationship, ensured with the help of state coercion and presupposing the possibility of involving a subject in it against his will, a private legal relationship is consensual, and this in turn presupposes a voluntary procedure for entering into a relationship and a contractual procedure for regulating the behavior of subjects. As the main legal act, which establishes the rights and obligations of subjects of private law relations, is a normative agreement, through which the parties independently develop for themselves rules of conduct in relation to each other and others. Private law relations are typical for civil, family, and labor law.

Speaking about the relationship between public law and private law relations, it should be borne in mind that the rules of law regulating the behavior of subjects of private law relations are essentially the result of the specification and detailing of legal regulations of a public law nature, therefore these rules should not contradict each other.

CONCLUSIONS

Legal relations are one of the central legal categories, many aspects of which are still controversial in legal science.

Legal relations that arise in connection with legal norms and on their basis are the majority in life. They serve as a means of translating general provisions of a legal norm ( objective law) into specific subjective rights and obligations of the parties (subjects) of legal relations. The specificity of this type of legal relationship is that with their emergence, for some persons (authorized), the opportunity provided by legal norms and provided by the state opens up to use in their interests and purposes the behavior of other persons (obligated), for whom the corresponding behavior becomes socially necessary.

1) determine the circle of subjects on which specific situations specific legal norms;

2) individualize the behavior of specific subjects by specifying legal norms that have an abstract general nature;

3) as a rule, perform a necessary condition activation if necessary legal means protection of subjective rights and legal obligations.

Theory of State and Law Morozova Lyudmila Aleksandrovna

18.5 Types of legal relations

Types of legal relations

Depending on the functions performed legal relations are classified into regulatory And protective. Regulatory legal relations are the result of the lawful behavior of subjects. These include most legal relations. Security legal relations arise as a result of the unlawful behavior of subjects and represent the state’s reaction to unlawful behavior. The purpose of law enforcement relations is to protect the existing legal order and punish the offender.

Legal relations can be classified according to branches of law on constitutional, administrative, labor, family, agricultural, etc., as well as on substantive And procedural. Material legal relations arise on the basis of the norms of substantive law, procedural ones - on the basis of procedural norms, derivatives, secondary in relation to substantive legal relations. Procedural legal relations cannot arise without material ones and exist without them.

Also distinguished private law And public law legal relations. Private law legal relations are characterized by the equality of their participants, public law- hierarchy, this is a relationship of power and subordination.

Legal relations are divided into absolute And relative.

IN relative In legal relations, all participants are precisely defined - authorized and obligated persons. IN absolute in legal relations, only the authorized subject is known, all other potential participants are considered obligated, they should not interfere with the exercise of subjective rights. Absolute legal relations usually include property relations or relations arising from copyright.

According to the nature of responsibilities in legal relations, they are divided into active And passive. IN active In legal relations, the duty of one of the parties is to perform positive actions, and the right of the other party is to demand the fulfillment of this duty. IN passive in legal relations, the duty is to refrain from actions prohibited by law.

This text is an introductory fragment.

Question 156. Grounds for the emergence of legal relations between parents and children. Establishing the origin of the child (types, order). Challenging paternity (maternity). The rights and responsibilities of parents and children are based on the origin of the children, certified by

Question 301. Concept, content, forms and meaning of guilt in criminal law. Intention and its types. Negligence and its types. In accordance with Art. 5 of the Criminal Code (principle of guilt), a person is subject to criminal liability only for those socially dangerous actions (inaction) and those that occurred

§ 4. Selected species investment legal relations

§ 9.1. Concept, characteristics and types of legal relations In the process of implementing the law, legal relations arise - strong-willed social relations regulated by law, the participants of which are endowed with subjective rights and legal obligations. In legal relations,

§ 9.2. Subjects of legal relations These are participants in legal relations who have subjective rights and legal obligations. These include individuals and organizations. Individuals are citizens of the relevant state, as well as Foreign citizens and stateless persons

Composition of legal relations. Objects and subjects of legal relations The composition of any legal relationship is the combination of an object and a subject, its subjective rights and obligations. The object of a legal relationship is the phenomenon in relation to which the rights and obligations of the participants arise

Individuals (citizens) as subjects civil legal relations and their types Individuals are treated as citizens Russian Federation, and foreign citizens entering into civil legal relations on the territory of the Russian Federation, as well as stateless persons. Physical

Chapter 14. Legal proceedings in cases arising from public legal relations What is the essence of legal proceedings in cases arising from public legal relations? Any democratic state is impossible without limiting the arbitrariness of officials, without effective guarantees

What are the peculiarities of procedural legal relations in cases arising from public legal relations? What all cases in this category have in common is that they are related to the activities of various management and legislative structures or to the work

10. The concept and types of corporate legal relations A corporate legal relationship is such a social relationship that is regulated by the norms of corporate law of the Russian Federation. Corporate legal relations are protected by the state and are of a volitional nature, since in

CONCEPT, FEATURES AND TYPES OF LEGAL RELATIONS OF THE LAW OF THE EUROPEAN UNION Legal relations mean social relations in the part that is regulated by the rules of law. In relation to EU law, the features arising on their basis and regulated by it

18.2 Composition of legal relations The following elements are distinguished as part of legal relations: subjects, content and objects. The subjects of legal relations are its participants who have subjective rights and legal obligations. It is customary to distinguish the following subjects: individuals,

18.5 Types of legal relations Depending on the functions performed, legal relations are classified into regulatory and protective. Regulatory legal relations are the result of the lawful behavior of subjects. These include most legal relations. Security

§ 4. Types of civil legal relations Property and personal non-property legal relations, Depending on what social relationship is regulated by the norm civil law, distinguish between property and personal non-property legal relations. Property

Chapter 27. TYPES OF LEGAL RELATIONSHIPS 1. Basis for the classification of legal relations.2. General and specific legal relations.3. Relative and absolute legal relations.4. Regulatory and protective legal relations.5. Legal relations of active and passive types.6. Industry

People, interacting with each other, enter into various kinds of social relationships: personal, religious, etc. Only some of them, due to their social significance, require legal regulation. Having been subjected to powerful legal influence, these social relations acquire legal form, become legal relations.

Social relations are the connections that arise between people and social groups in the course of their activities.

Legal relations(legal relations) - those that are regulated by the law. From the point of view of law, each participant in legal relations has a set of certain rights and obligations, therefore legal relations can be defined as social relations arising on the basis of the mutual rights and obligations of the persons participating in them.

Legal relationship is a social relationship regulated by a legal norm. Legal relations arise between people, government bodies, firms, cooperatives and other organizations.

In legal relations it is customary to distinguish:

• content - legal rights and obligations of participants in legal relations;
• an object- those material and intangible benefits, regarding which a legal relationship arises;
• subjects- individuals and legal entities participating in legal relations.

Individuals- This individual citizens states, as well as foreign citizens and stateless persons located on the territory of the state.

Legal entities call institutions, enterprises or organizations that act as independent carriers legal rights and responsibilities. The legal entity must be registered in in the prescribed manner, to own, economic management or operational management of separate property, meet its obligations with this property, can, in its own name, acquire and carry out property and personal moral rights, bear responsibilities, be a plaintiff and a defendant in court. Subjects of legal relations can also be states, government bodies, and public organizations.

Circumstances that are the basis for the emergence, change or termination of a legal relationship are called legal facts. For example, a legal fact can be called a conclusion employment contract, dismissal of an employee. Legal facts are divided into events(which do not depend on the will of the subjects of legal relations) and actions(which are the result of their conscious actions). For example, reaching adulthood is an event, and entering into a contract is an action. Actions, in turn, are divided into lawful (socially useful, law-abiding behavior) and illegal (antisocial behavior).

Features of the legal relationship

The main feature of legal relations is that their participants have legal rights and obligations, which are usually interrelated. For example, a dairy factory supplies its products to a store. According to the contract, the supplier is obliged to supply it in the specified quantity, quality, certain deadlines etc., and the buyer has the right to demand the fulfillment of all these obligations, but in turn is obliged to accept and pay for the goods supplied.The rights and obligations of participants in a legal relationship are called subjective rights and obligations.

Features of the legal relationship as types of social relations are as follows:

• on the one hand, the legal relationship is formed on the basis of legal norms, and on the other hand, through legal relations the requirements of legal norms are implemented;
• a legal relationship is always a specific individualized connection, the subjects of which are identified by name;
• within its framework, the specific connection between subjects is expressed through their subjective rights and legal obligations. One person is authorized and has any right. The other person is obliged to act in such a way as to ensure the implementation this right. Most rights in specific legal relations can only be realized by the actions of another person. This is the essence of the legal relationship. The subject cannot exercise on his own the right granted to him and resorts to the help of other persons, entering into specific legal relations;
• A legal relationship is, as a rule, a volitional connection. A person enters into legal relations at his own request, voluntarily. However, in some cases, a legal relationship may arise against the will of the subjects, for example, as a result of causing harm to another person;
• a legal relationship always gives rise to legally significant consequences and is therefore protected from violation by the state. If a person has not fulfilled his obligation in a legal relationship, then the authorized person may apply to the court or other competent authorities for state protection. Public authorities must take all necessary measures to ensure that the duty is properly fulfilled.

Thus, legal relationship - This is an individualized, volitional connection of individuals and legal entities arising on the basis of legal norms, the mutual subjective rights and obligations of which are protected and protected by the coercive force of the state.

Elements of legal relations

The legal relationship consists of four elements:

• subjects of legal relations;
• subjective law;
• legal duty;
• objects of legal relations.

Subject of legal relationship

Subject of legal relationship - this and (or) which, according to the current rules of law, can and do enter into specific legal relations.

To do this, they must have two properties: legal capacity and legal capacity.

Since legal relations are public relations, their subjects cannot be considered things, animals, etc. Subjects also cannot be persons who do not have legal capacity and capacity.

Legal capacity is the ability recognized by the state to have rights and responsibilities. Every person (individual) acquires legal capacity at the time of birth and is deprived of it at the time of death. A legal entity acquires legal capacity at the moment state registration and is deprived of it at the time of completion of the liquidation process.

Capacity citizen - the ability of a subject, through his actions, to acquire and exercise civil rights and fulfill civic duties. Essentially, it means a person’s ability to bear legal responsibility for the harm that he caused through his actions. Unlike legal capacity, legal capacity presupposes that a person has a certain level of mental maturity. Therefore, people who are not able to answer for their actions do not have legal capacity: some mentally ill people (if this is recognized by the court) and children under a certain age.

The legal capacity of legal entities arises simultaneously with their legal capacity - from the moment of registration of their charter and is limited by the statutory goals and objectives for which this legal entity was created.

Capacity individuals is connected with the fact that participants who have a mature and sound mind and are aware of the significance of their actions must enter into a legal relationship. Children and mentally ill people do not have these properties. They will not be able to enter into specific legal relationships at their own discretion. By general rule The legal capacity of individuals arises at the age of 18, and in some cases - at an earlier date.

The legal capacity of citizens may be limited. In accordance with Art. 30 of the Civil Code of the Russian Federation “a citizen who, due to the abuse of alcoholic beverages or drugs puts his family in a difficult situation financial situation, may be limited by the court in legal capacity...".

Legal capacity and capacity, taken together and characterizing a person precisely as a subject of law, form legal personality. Only the law can establish and recognize a special legal quality - legal personality. It cannot be arbitrarily set, changed or canceled. Legal personality does not depend on the will and desire of individuals and organizations. It, just like its constituent links - legal capacity and legal capacity, arises, changes or terminates only with the help of.

Subjective law

Subjective right - This is the type and measure of possible behavior established by the rule of law.

Subjective law includes four powers:

• certain behavior of the authorized person;
• requirements for certain actions from the obligated person;
• enforcement of duties by contacting the competent authorities of the state;
• use of a certain social good or value.

Legal duty

Legal duty- this is a type and measure of proper behavior prescribed to a person and provided with the possibility of state coercion, which must be followed in the interests of the authorized person, i.e., the bearer of subjective right.

You cannot refuse to fulfill an obligation and you cannot be dishonest in performing it. Any deviation from that indicated in legal norm the measures will be considered an offense and entail undesirable legal consequences for the obligated person.

Legal obligation, which is the reverse side of subjective law, includes the need to:

• perform certain actions or refrain from them;
• react to legal requirements authorized;
• bear legal liability for failure to comply with these requirements;
• not to prevent the person entitled to enjoy the benefit to which he has the right.

Objects of legal relationship

Objects of legal relations - material and spiritual benefits for the sake of which people enter into specific relationships: nature, objects produced by man, money, securities and etc.

The objects of legal relations can be the results intellectual activity, as well as benefits related to human life and health (for example, in criminal law relations).

The description of legal relations will be incomplete without mentioning the role that legal facts play in the course of their emergence and implementation.

Legal fact- this is a specific life circumstance with which the law connects the emergence, change and termination of legal relations. Legal facts are formulated in hypotheses of legal norms.

Legal facts are divided into two groups:

• events;
• actions.

Events- life situations that occur regardless of the will of people (natural death of a person, disaster etc.) and with the occurrence of which the law in some cases connects the emergence of legal relations (inheritance, payment of insurance amounts, etc.).

Actions- life circumstances, the occurrence of which depends on the will and consciousness of people as future participants in emerging legal relations.

From a legal standpoint, everything legal actions people are divided into:

• legitimate;
• illegal.

In its turn, lawful actions are divided into legal acts , which are specifically committed by people in order to enter into certain legal relationships (for example, marriage, filing a claim in court), and legal actions, which are not specifically aimed at the emergence, change or termination of legal relations, but entail certain legal consequences by law (for example, a citizen wrote a letter to a newspaper in order to solve an environmental problem in the area, after the publication of the letter the citizen has the right of authorship to this publication, although such a purpose he was not persecuted for writing the letter).

Misconduct- these are offenses (including criminal offenses), failure to fulfill a contractual or other obligation, commission invalid transaction, causing harm. The law relates to illegal actions the occurrence of adverse legal consequences.

Unlawful actions as legal facts can be divided into crimes(as the most dangerous acts) and misconduct(disciplinary, administrative and civil law).

Legal relations can be classified on various grounds.

depending on the subject of legal regulation: constitutional, administrative, criminal, civil, etc.

depending on the character– into material (financial, labor, etc.) and procedural (G-P, U-P),

depending on the functional role- into regulatory (arise on the basis of legal norms or contract) and protective (related to state coercion and the implementation of legal liability),

depending on the nature of legal duty- into passive (related to the implementation of prohibitions, passive obligations - legal property relations), and active - related to the implementation of certain positive actions - legal loan relations,

depending on the composition of participants– into simple ones, arising between two participants (legal relations of purchase and sale), and complex, arising between several entities (legal relations of serving a criminal sentence),

depending on duration of action– short-term (legal relations of exchange), and long-term (legal relations of citizenship),

depending on the degree of certainty of the parties– into relative, absolute and general.

IN relative In legal relations, all participants are identified by name: plaintiff, defendant, buyer and seller.

IN absolute in legal relations, only the authorized party is known for sure, and the obligated persons are all entities called upon to refrain from violating the interests of the authorized person (for example, copyright legal relations),

Question about general(general regulatory) legal relations is debatable. Some scientists consider the identification of such legal relations to be insufficiently substantiated and practically useless (V.K. Babaev).

according to other jurists, general legal relations, in contrast to specific ones, express legal connections of a higher level between the state and the citizen, as well as citizens among themselves regarding the guarantee and implementation of fundamental rights and freedoms of the individual, as well as responsibilities. These legal relations arise on the basis of the norms of the Constitution, the most important legislation and are basic for sectoral legal relations (N.I. Matuzov).

Concepts and types of subjects of law and subjects of legal relations. Subject of legal relationship

– these are participants in legal relations who have corresponding subjective rights and legal obligations.

The subject of a legal relationship is a subject of law who uses his legal capacity. The following types of subjects of legal relations are distinguished: individual and complex.

To individual

subjects include:

citizens,

persons with dual citizenship,

stateless persons,

Foreigners. The following types of subjects of legal relations are distinguished: individual and complex.

Stateless persons and foreigners on the territory of the Russian Federation can enter into the same legal relations as citizens of the Russian Federation, subject to a number of restrictions established by law: they cannot elect and be elected to representative bodies of power, hold certain positions in the state apparatus, or serve in the Armed Forces . Towards collective the state as a whole (when, for example, it enters into

international legal relations

with other states, in constitutional and legal matters - with the subjects of the Federation),

state organizations, non-governmental organizations (private firms, banks, etc.). Collective entities participating in the field of private law relations have the qualities of a legal entity. According to Part 1 of Art. 48 Civil Code of the Russian Federation,

legal entity

is an organization that has separate property in ownership, economic management and operational management, is liable for its obligations with this property, can, in its own name, acquire and exercise property and personal non-property rights, bear responsibilities, be a plaintiff and defendant in court.– this is the ability (opportunity) provided for by the rules of law to be a participant in legal relations. It is a complex legal property consisting of two elements – legal capacity and legal capacity.

Legal capacity- this is the ability (opportunity) of a person to have subjective rights and legal obligations provided for by the rules of law.

Legal capacity happens general(the ability to have any rights and obligations provided for by law), industry(the ability to acquire rights and obligations in certain branches of law), and special(official, professional) - an ability that requires special knowledge or talent of a judge, doctor, scientist.

Capacity- this is the ability (opportunity) provided for by the rules of law personally, through one’s actions, to acquire rights and obligations, to exercise and fulfill them.

The types of legal capacity are bargaining ability, i.e. the ability to personally, through one’s actions, make civil transactions, and tort– the ability provided for by the rules of law to bear legal responsibility for an offense committed.

The distinction between rights and legal capacity is typical mainly for civil law, because

The legal capacity of a citizen arises from the moment of his birth, and legal capacity - from reaching a certain age.

Legal facts and their types.

Legal presumptions and legal fictions. Legal fact

- this is a specific life circumstance, with the occurrence of which the rules of law associate the emergence, change or termination of a legal relationship.

Such facts are called legal because they entail specific legal consequences (for example, the death of a citizen entails the emergence of civil legal relations related to the opening of an inheritance). Depending on the consequences there are law-forming, law-changing and law-terminating

legal facts. Law-forming

name such legal facts with which the rules of law connect the emergence of legal relations (an example of such a fact could be the conclusion of an employment contract when applying for a job). Law-altering

legal facts are considered with which the rules of law associate a change in legal relations (for example, a transfer to another job within the same institution). Terminators

All legal facts according to the volitional criterion are divided into events and actions. Some authors also highlight legally significant conditions, i.e. facts that are more determined by physiological processes than by the will of the subject (for example, pregnancy, illness, disability).

Events- these are actual life circumstances, the occurrence of which as legal facts does not depend on the will of the subjects of legal relations (for example, reaching a certain age, natural disaster, etc.).

Events happen:

1) by duration- instant (incidents) and ongoing (processes);

2) by repeatability- one-time and periodic;

3) by the nature of the consequences- reversible and irreversible. Actions are life circumstances that are recognized as legal facts and are the result of conscious-volitional behavior of subjects of legal relations (for example, concluding a contract).

In turn, actions are divided into legal and illegal. Lawful name actions that comply with the requirements of the law, illegal- actions that violate legal requirements.

Lawful actions according to legal orientation are classified into legal acts and legal actions.

Legal acts- these are legitimate volitional actions performed by a subject of law to achieve specific legal consequences (for example, conclusion, transactions, publication by a government body of a regulatory legal act, etc.).

Legal actions- these are lawful actions with which the rules of law associate the onset of legal consequences, regardless of whether the subject of law had or did not have these consequences as a goal (for example, the creation of a literary work entails the onset of legal consequences provided for by copyright, regardless of the desire of the author) .

Misconduct is called offenses. They are divided into criminal offenses (crimes) and misdemeanors (administrative, disciplinary, civil).

Often, for any legal relationship to arise, it is necessary to have not one legal fact, but several, i.e., a factual composition.

Actual (legal) composition- is a combination of several legal facts that give rise to specific legal consequences.

For example, according to Russian legislation, the right of ownership of an heir inheriting under a will can arise only if there are three legal facts:

a) the presence of a will;

b) opening of inheritance, i.e. death of the testator;

c) acceptance of the inheritance by the heir himself (he can refuse it).

The elements of factual compositions often include a special legal fact - deadlines. The importance of timing is due to the fact that many social phenomena and processes have a temporal extent. The peculiarity of the term as a legal fact is that it gives rise to legal consequences only as an element of the actual composition, i.e. in conjunction with other legal facts. The deadline itself does not entail legal consequences.

It can be characterized by a starting and ending moment and measured in time (year, month, day, etc.) or appear in the form of a specific event (for example, reaching adulthood). The structure of actual compositions may also includelegal conditions. Legal terms are circumstances that in themselves do not give rise to the emergence, change or termination of a legal relationship, but have legal meaning