Structure of legal relations
The legal relationship itself, the concept and structure of them can be viewed both in a narrow and broad sense. In other words, there are two types of interaction with respect to legal norms.
In a broad sense, the structure of legal relationsis an objectively formed before the law a special form of social interaction. Participants at the same time are endowed with mutual duties and rights and implement them, satisfying their needs and interests in a special, state-sanctioned order.
In the narrow sense, the structure of civillegal relationship is a kind of social interaction, regulated by the legal norm. Participants at the same time are endowed with mutual duties and rights and implement them to satisfy their interests and needs in a special order, protected and guaranteed by the state through state bodies. Rights holders are called empowered persons, those who carry a duty are obliged.
Structure of legal relationships that arose on the basis oflegal norms, includes several types of interaction. On the basis of industry, state legal or constitutional, criminal procedural, criminal and other relationships are singled out. With the separation of interactions by belonging to a certain industry, the greatest importance is attached to the division into procedural and substantive relations.
The structure of legal relations includes protective and regulatory interactions.
Protective relationships are formed as a reaction of society and the state to the illegal activities of legal entities.
Regulatory legal relations arise inthe result of the production of regulatory norms, fixing a special order in the relationship. These relationships, in turn, are divided into relative and absolute.
The basis of this division is the principle of individualization of subjects. So, in relative relationships, both parties are defined exactly (buyer and seller, contractor and customer and so on).
Absolute legal relations differ in the definition of only one side - the carrier of subjective law. As the obligated persons act other persons ("everyone", "everyone").
The structure of legal relations is also characterized by the presence of general and concrete interactions.
General relationships are formed on the basis ofconstitutional norms that define the duties, freedoms and rights of the individual, as well as administrative and legal and criminal-legal restrictions and prohibitions.
General relationships are divided into three categories.
- Regulated by law relationship (legal relationship).
- Have no legal form of relationship (unregulated).
- Interactions are partially adjustable.
Any relationship is arelationship. However, not every relationship can be a legal relationship. Thus, not every interaction is subject to regulation by law. The limits of the legal branch may expand or narrow, depending on the circumstances, but as a whole are a reflection of the objective needs of the development of the state and society.
Any legal relationship includes in its composition:
- subjective law;
- an object;
- legal duty.
In modern society, a network of vertical andhorizontal legal relations operates continuously. In many cases, citizens do not notice that they are participants in these interactions - so natural is the process affecting them.
Legal relations are the main sphere in public life. In conditions where the rules of law are in force, there is a constant formation, modification or termination of legal relations.