What is the subjective right? Types of subjective law

Among a large number of terms and definitions in the legislation is the notion of "subjective right", recognizing the claim of the individual to certain goods and some form of behavior. This right can determine the limits of permissible behavior regulating relations in society. But it can not exist separately from other legal constructions. Thus, subjective rights and duties will always be closely related.

Like any other special term, the named has a deciphered definition. So what is subjective law, and where can one find its most accurate interpretation? Let's understand.

Interpretations of the formulation of subjective law

First, let's try to figure out what subjective law is, and what correspondences with it correspond to it. This is necessary, because in proceedings there are always two sides: the plaintiff (authorized) and the defendant (eligible), each of which has its element of relations.

Subjective legal law - the criterion for decidable actions of a citizen, which are established by legal norms and satisfy someone's interests (empowered), they are guaranteed by the state.

The subjective legal duty is a criterion of the claimed behavior of a citizen (eligible person), it is approved by legislative standards, provided at the state level.

To the question, what is the subjective right, any legal dictionary can answer. This is the freedom of the subject, protected by the state, in reimbursement of those interests that are provided for it by law or by agreement. And it is named so because its execution depends on the desire of a certain person.

It should be remembered that the concept of subjective law each scientist and each dictionary gives its own, based, of course, on the law.

To exercise subjective right is possible only through the obligation of the other party. This can be both the performance of certain actions, and the refusal of them by an obligated person. First and foremost, it provides guarantees for self-fulfillment, a normative opportunity to express one's interests through the use of these rights (for example, higher education). This right also provides for communication with a certain person, depending on his will and consciousness, but not contrary to the law.

All citizens of the Russian Federation are entitled to work, rest, health care, property. All organizations and institutions, for example, may have property, carry out their activities in any area. That is, subjective law is a system of freedoms and privileges of citizens, approved by law, belonging to any person from birth, and it always refers to the real subject. But at the same time there are certain norms, prohibitions and limits for the implementation of such privileges.

Elements of legal relations

Based on the foregoing, we can argue that legal relations included the following components:

1. Subjective rights and legal obligations form the content of the relations formed on the basis of legislation.
2. Participants are the authorized and eligible people.
3. These are objects of legislation.

Subjective legal law, legal obligation form the content of subjective law. This claim allows something to be desired from other citizens, to apply certain actions of legal significance, to choose the available options. Through the duties assigned to another citizen (the required standards of conduct), the legislator ensures the subjective rights of each member of society. The scope of these duties is undeniable, unambiguous (different options are not treated), it is provided with legal mechanisms.

Varieties of subjective law

The following types of subjective law are distinguished:

1. Containing any one requirement (to vacate the place in public transport, where disabled persons or passengers with children can be located, pay a debt, arrange the transfer of property, reimburse the arrears for tax). The legal duty is assigned to the citizen, from which something is demanded, and the subjective right is meant as a means to ensure the obligation (pay taxes, for example).
2. Allowing the opportunity to be active through one's own actions (file a lawsuit in court, speak at a rally, sell or donate property). Legal responsibilities are placed on citizens who provide legislative norms (to accept a lawsuit, not to interfere with the disposal of property).
3. The right to meet material and spiritual needs through the use of social values (blessings).
4. The right to protection by legal authorities when the rights of a citizen are violated.

Legal duty

By legal obligation is understood:

1. Coordination of actions on the part of the object with the demands placed on the protection of the interests of other citizens.
2. Commitment of active positive actions towards the opposite side.
3. Abstention from actions that fall under the prohibition of legal norms.

Property relations

In property relations, the following rights are distinguished:

1. Real, when the person is directly connected with the object, actively manifesting himself in this (for example, owns the property, uses and disposes of the thing).
2. Obligatory, under which citizens who have certain rights (contract, for example) can achieve property results not themselves, but through the obligations of others.

In which cases there is no legal issue

Subjective law, usually, is backed by a legal obligation prescribed in legislative acts. So, citizens of our country can get education, and no authority can deprive them of this privilege. This obligation is stipulated by the Constitution of the Russian Federation and the law "On Education". And the right of the police to check documents for an identity card requires citizens to submit the required.

When a direct duty is not prescribed, it is a simple permission, which can be formulated as follows: "everything that is not forbidden is allowed." For example, to walk around the city, start animals, collect mushrooms and berries. In these situations, no one is legally obliged to bring up those who wish to the site of assembly of mushrooms, provide the desired animals - there is no legal issue.

Subjective rights and legal obligations are closely interrelated and cause each other. Between the authorized and right-bound there is a relationship, called legal relationship, - this is what characterizes our society and state.

A little about relationships

Also there are some special divisions of legal relations. For example, they can be absolute and relative. In many ways, such a division is based on subjective law and legal obligation.

Thus, in absolute legal relations, a subject with a privilege "confronts" an indefinite circle of persons. In relative, all participants are clearly defined. As an example - the right of property belongs to the first category, and contract law, in general, to the second. In order to clearly understand such divisions, it is necessary to know what is subjective law, and what is the legal duty.