When studying various branches of legal science, difficulties often arise associated with a misunderstanding of the essence of subjective law. This category is one of the most important in jurisprudence. Subjective rights are associated with the satisfaction of the interests of persons in a specific single legal relationship. They should not be confused with objective law, which is a complex system of norms and rules of social behavior.
Subjective law in jurisprudence is called a measure of possible behavior assigned to an authorized person and secured by the assignment of responsibilities to other participants in the legal relationship. We are talking here about the degree of permissible behavior, which is realized and acquired on the basis of objective law.
In the course of the development of social relations, subjective rights and obligations appear singularly between two separate participants in social interaction. Over time, the same relationship appears between other members of society, which creates the need for legal regulation. From this point on, the formal definition of the rule of law begins. The formalized norm indicates what measure of behavior is endowed with the subjects of legal relations, which of them has subjective rights and obligations.
Subjective rights are realized through the performance of certain actions by participants in legal relations in order to obtain benefits, in relation to which a legal relationship arose. The subjective right of one person corresponds to the legal obligation of others. The subjective right is terminated in case of refusal from it or when this right is transferred to other persons.
This type of law received such a name, since subjective law is directly related to the satisfaction of the needs of an individual subject. In addition, the exercise of this right depends on the subjective will of a person, on his desire to perform this or that action or to refuse it. If the actions are lawful, a person cannot be limited within the framework of permitted behavior, he has the right to enjoy the benefits that are provided to this person. If there is no need for the good, the subjective right becomes irrelevant and is not realized.
As an example, we can cite a situation when a person, disappointed with the actions of a political leader, reacts to them with political passivity and refusal to participate in elections. In other words, we are talking here about the refusal to exercise the right to vote. Subjective law in this case becomes irrelevant for the bearer of legal relations.
