Since ancient times, there has been a division of law into public and private. Public law regulates relations in which at least one of the parties is the state. Relations between citizens, and in particular the production and consumer spheres, property relations require legal regulation
Legal relationship
In society, there are many different relations: economic, political, legal, cultural, etc. in fact, human society itself is a set of relations, a product of human interaction. Moreover, all types and forms of relations that arise and function in society between individuals and their associations are (as opposed to relationships in nature) public or social.
Legal relations are social relations regulated by the norms of law, the participants of which have corresponding subjective rights and legal obligations.
Signs:
- on the one hand, legal relations are formed on the basis of legal norms, and on the other hand, through legal relations, the requirements of legal norms are implemented;
- legal relationship is always a specific individualized connection, the subjects of which are defined by name;
- within its framework, a specific connection between subjects is expressed through their subjective rights and legal obligations;
- legal relationship is, as a rule, a strong-willed connection. A person enters into a legal relationship at will, 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;
- legal relationship always gives rise to legally significant consequences and therefore is protected from violation by the state.
Types of legal relations
By industry basis:
- on constitutional,
- civil law,
- administrative and legal, etc.
By the nature of the content:
- General regulatory legal relations of subjects are directly related to the law. They arise on the basis of legal norms, the hypotheses of which do not contain indications of legal facts. Such norms give rise to all addressees the same rights or obligations without any conditions (for example, many constitutional norms).
- Regulatory legal relationships are brought to life by the rule of law and legal facts (events and lawful actions). They can also arise in the absence of normative regulation on the basis of an agreement between the parties.
- Protective legal relationships appear on the basis of protective norms and offenses. They are associated with the emergence and implementation of legal liability provided for in the sanction of the protective norm.
Depending on the degree of certainty of the parties:
- In relative terms, both parties are defined specifically (by name) (buyer and seller, supplier and recipient, claimant and respondent).
- In absolute terms, only the entitled party is named, and the obligated party is everyone and everyone whose duty is to refrain from violating subjective rights (legal relations arising from property rights, copyright).
By the nature of the obligation of the legal relationship:
- In an active type of legal relationship, the obligation of one party is to perform certain actions, and the right of the other is only to demand that this obligation be fulfilled.
- In a passive type of legal relationship, the duty is to refrain from actions prohibited by legal norms.
Depending on the degree of certainty of the parties, the legal relationship can be relative and absolute. In relative terms, both parties are defined specifically (by name) (buyer and seller, supplier and recipient, claimant and respondent). In absolute terms, only the entitled party is named, and the obligated party is any person whose duty is to refrain from violating subjective rights (legal relations arising from property rights, copyright).
By the nature of the obligations, the legal relationship is divided into active and passive. In an active type of legal relationship, the obligation of one party is to perform certain actions, and the right of the other is only to demand that this obligation be fulfilled. In a passive type of legal relationship, the duty is to refrain from actions prohibited by legal norms.
The structure of the legal relationship
The structure of the legal relationship is constituted by the subjects - participants in the legal relationship (individuals, organizations); objects - those material and spiritual benefits for the sake of which people enter into legal relations with each other; content - subjective rights and legal obligations, expressing the connection between the subjects of the legal relationship.
Subjects of legal relations are participants in a legal relationship with subjective rights and legal obligations. They are also called subjects of law.
The subjects of legal relations can be individuals, their organizations, social communities. All of them have legal personality. Legal personality is the property provided for by the norms of law to be a participant in legal relations. This is a certain legal state of a specific subject of law.
Individuals or natural persons are the main part of the subjects of law. Individuals include citizens, foreigners, stateless persons, persons with dual citizenship. The legal personality of citizens is a complex legal property, consisting of two elements of legal capacity and legal capacity.
Legal capacity - the ability (ability) of a person to have subjective rights and legal obligations provided for by the rules of law.
Legal capacity - the ability and legal ability of a person to acquire and exercise rights and obligations, provided for by the norms of law. The types of legal capacity are transaction capacity, i.e. the ability (opportunity) to personally, by their actions, to carry out civil transactions, and delinquency - the ability to bear legal responsibility for the offense provided for by the norms of law.
The legal capacity and legal capacity of citizens are usually the same in scope. However, in a number of cases, by law or by a court decision, a person is limited in legal capacity. So, according to civil law, minors under the age of 6 years are completely incapacitated, young children aged 6 to 14 years old and minors aged from 14 to 18 years old are limited in legal capacity (Articles 26 and 28 of the Civil Code of the Russian Federation).
A minor who has reached the age of 16 may be declared fully capable if he works under an employment contract, including under a contract, or, with the consent of his parents, adoptive parents or guardian, is engaged in entrepreneurial activity (Article 27 of the Civil Code of the Russian Federation). Declaring a minor as fully capable is called emancipation and is made by decision of the guardianship and guardianship authority - with the consent of both parents, adoptive parents or guardians, and in the absence of such consent - by a court decision.
The court recognizes citizens who are incapacitated who, due to a mental disorder, cannot understand the meaning of their actions or control them (Article 29 of the Civil Code of the Russian Federation). The law also provides for the possibility of limiting the legal capacity of citizens who abuse alcohol or drugs (Article 30 of the Civil Code of the Russian Federation). A person with limited legal capacity can enter into transactions (with the exception of small household transactions) for the disposal of property only with the consent of the trustee.
Foreign citizens and stateless persons can be subjects of labor, civil, procedural and other legal relations, but they do not have voting rights, they are not subject to military service,some articles of the Criminal Code of the Russian Federation (for example, about treason), etc.
Subjects of legal relations
Individual (individuals):
- Citizens;
- Persons with dual citizenship;
- Stateless persons;
- Foreigners;
Collective (legal entities):
- The state itself;
- State bodies and institutions;
- Public associations;
- Administrative and territorial units;
- Subjects of the Federation;
- Electoral districts;
- Religious organizations;
- Industrial enterprises;
- Foreign firms;
- Special entities (legal entities).
