Legal relations: concept and signs. Types and characteristics of legal relations

The whole modern world is a complex mechanism, the driving force of which is humanity. It is people who are the source of many existing things and phenomena today. For example, such a political structure as the society, at one time was formed from banal tribal communities. It is interesting that any social formations could not exist without a regulator of social relations. After all, this element is assigned the function of coordinating the activities of all people without exception. Without the presence of such a regulator, society can not simply exist in an orderly manner. Chaos and anarchy will begin. To date, the main regulator of society is law. This phenomenon penetrates absolutely all spheres of human life. This makes the right truly a universal regulator. It should be noted that the mechanism of action of the regulator presented is based on specific relationships between subjects of jurisprudence. They are now emerging everywhere. At the same time, legal relations, as they are usually called, have their own structure. The concept and types of relations will be examined in detail later in the article.

Concept of category

In general, the relationship is a close relationship of two people. In this case, it appears due to interests, common goals and other factors. In turn, the legal relationship is also the interaction of two or more persons, during which a legally significant object is affected, as well as certain rights and obligations are generated. In all cases, the described category arises in the legal sphere. That is, there is an official basis for such a relationship.

Features of legal relations

Legally significant interaction is endowed with a lot of interesting aspects due to its official basis. Given this, it is possible to identify the characteristic features of legal relations.

1. This phenomenon arises solely on the basis of legal norms, which are contained in normative acts.
2. The parties to legal relations are vested with duties and subjective rights.
3. This interaction is always definitely and to some extent individualized.
4. Legal relationship expresses the will of the state.
5. The emergence of legal relations occurs on the basis of actions or inactions of the parties.

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 an object changes.

Structure of legal relations

The category described in the article is structured. That is, it has several different elements. To date, 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 of the parties.

As we understand, all the presented elements are interrelated. In addition, they are also complex categories, each of which is endowed with its own legal features. Thus, in order to study in detail the legal social relations, it is necessary to analyze their basic structural elements.

Parties in legal interaction (subjects of relations)

In jurisprudence, participants or subjects, as they are called, are of great importance. But in this case there are some features. When we talk about purely social relations, then people are always their participants. They thus solve any questions and achieve a certain result. Legal relations, the concept and features of which are presented in the article, can arise both between individuals, that is, people, and between legal organizations.

This feature exists because of the specific nature of the subjects. According to the established tradition, participants in legal relations are social and legal entities. In other words, the legal regime of the subjects, their rights and duties, and not the form, is important. But if everything is clear with individuals, then the legal question arises as to who they are. Legal entities are organizations of a commercial and non-commercial type.

Features of legal personality

Participants in legal relations must have certain characteristics. Thanks to them, they can fully engage in legal interaction with other parties. Among such characteristics are legal capacity and legal capacity. In the first case, we say that the subject is able to have rights and bear certain duties in connection with this. The ability to act, in turn, characterizes the person's ability to acquire civilian opportunities. At the same time, the fact of fulfilling obligations is of great importance, which is another element of legal capacity.

Object of legal interaction

As we found out earlier, the rule of law, the legal relationship - these are interrelated categories. They complement each other. But it is worth noting that both categories extend their effect on specific phenomena, facts, in other words, legal objects. Among theorists, disputes over the essence of objects of legal relations are constantly being discussed. According to the most general opinion, they are goods of a material and spiritual nature, which, in fact, give rise to interaction between people. These are objects of varying degrees of value, human activity and much more. However, the existence of a given object or phenomenon is not the starting point for the emergence of meaningful interaction between people. Objects of legal relations are important only if there is a legal fact.

The concept and types of legal facts

It is necessary to understand that legal relations, the concept and signs of which are presented in the article, do not arise by themselves. They are preceded by legal facts. These are the specific circumstances of everyday life. They influence the appearance, change and termination of legal relations. Legal facts are present in the hypotheses of norms of official state acts. In addition, there are varieties of this category. According to the most common classification, legal facts are divided into events and actions.

In the first case, we are talking about situations that are absolutely not dependent on the will of people and their preferences. For example, the legal event is the death of a person. Actions are the exact opposite of situations. They are specific circumstances caused by strong-willed decisions of people. At the same time, legal actions can be lawful and illegal. A great role in this case is played by the motives and goals of human activity, as well as their legitimacy. Legal actions are considered lawful if they are committed within the current legal system of the state, aimed at obtaining a positive result and do not violate the rights of others. In the absence of these criteria, life circumstances that depend on the will of the person will be unlawful. For their implementation, a person can be brought to legal responsibility.

Subjective rights of the parties

Legal relations, concept, features, the composition of which was presented in the article, exist only in the presence of certain structural elements. Subjective law, as we found out, is one of them. The very essence of this element lies in its name. After all, subjective law is nothing more than a measure of personal behavior of the parties established by law. In each specific case, the presented category can be characterized by different legal possibilities, depending on the type of legal relationship. Nevertheless, in theory, four basic powers are singled out, which in all cases, without exception, characterize subjective law.

1. The behavior of persons is always predetermined by the norms of official state acts.
2. The subjects of legal relations have the right to require the implementation of certain actions from any of the obligated parties.
3. Obligations can be executed as a result of applying to the competent state bodies.
4. Subjective law determines the possibility of using any value, be it an object or an immaterial benefit.

Thus, the presented element of legal relations determines a really significant part of human interaction. After all, it is he who shows the possible framework of behavior.

Legal duties and their signs

Of course, legal relations, the concept and features of which are presented in the article, could not exist without the presence of certain duties in the subjects of such interaction. This category is the basis of legally significant contact between people. A duty is a specific prescription put forward to the person. Its purpose is to ensure coercion so that the actors act within a certain framework necessary for the holder of subjective law. Thus, commitments can not be rejected, that is, to abandon them. In addition, unscrupulous enforcement of orders in all cases will be considered as an offense, which will entail legal liability.

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

1. They "talk" about the need to commit or abstain from any action.
2. Default of obligations is legally liable.
3. Obligations help empowered persons to act within their capabilities, because other parties will not be able to impede it legally.

Types of legal relations

There are a large number of approaches to the consideration of the problem of classification of legal interaction. The foundations of legal relations presented in the article show their essence and role in the modern world. However, a well-established theoretical understanding of this category does not allow us to single out one classification feature. Therefore, all legal relationships are grouped according to different criteria, for example:

• Depending on the legal branch, they allocate constitutional, civil, criminal and other legal relations;

• By legal nature all legal relations are divided into public and private;
• If one judges the function of interaction, then it can be regulative or protective;
• Depending on the number of parties, all legal relationships are divided into simple and complex.

The list is certainly not complete. Scientists everywhere put forward new theories of separation of legal relations.

Conclusion

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