Subjects of legal relations are subjects of law, i.e. persons with moral personality. The expressions “subject of law” and “person with legal personality” coincide. Legal personality is one of the prerequisites for legal relations.

To become a participant in a legal relationship, subjects must read two stages of imparting legal properties:

/ Chapter 18. Legal relationship, legal fact

To acquire the properties of subjects of law as potential subjects (participants) of a legal relationship - through compliance with certain legal requirements for legal personality;

To acquire additional properties of a legal nature in a specific legally significant situation - subjective legal rights and obligations that are assigned to them by legal norms. It is they who determine the actual legal ties, the relationship between the subjects.

Subjects of legal relations are individual or collective subjects of law who use their legal personality in a specific legal relationship, acting as implementers of subjective legal rights and obligations, powers and legal responsibility.

Types of subjects of legal relations:

1) individual subjects (individuals):

Citizens, i.e.

e. individuals holding the citizenship of a given country;

Foreign citizens;

Stateless persons (stateless persons);

Persons with dual citizenship (bipatrides);

2) collective entities (legal entities):

State bodies, organizations, institutions, enterprises;

Local government bodies;

Commercial organizations ( joint stock companies, private firms, etc. - domestic, foreign, international);

Public associations (parties, trade union organizations, etc.);

Religious organizations;

3) the state and its structural units:

State;

State formations (subjects of the federation - states, lands, autonomies; in Ukraine - the Autonomous Republic of Crimea);

Administrative-territorial units (region, city, village, etc.);

4) social communities - people, nation, ethnic groups, citizens of the constituency, etc.

13 About f Skakun

Section IV. Theory of law

§ 6. Legal personality individuals

The legal personality of individuals (individual subjects of a legal relationship) is the ability (opportunity) provided for by the norms of law to be participants in a legal relationship.

V international documents on human rights (Article b of the Universal Declaration of Human Rights, Article 16 of the International Covenant on Civil and political rights) it is written that every person, wherever he is, has the right to recognition of his legal personality.

The determination of the nature of legal personality (legal capacity) of an individual is based on two criteria:

Age characteristic (a certain age);

Maturity of the psyche, the absence of psychological defects. The composition of the legal personality of an individual:

Legal capacity;

Legal capacity;

Susceptibility.

Legal capacity - the ability (ability) of an individual to have subjective legal rights and fulfill subjective legal obligations provided for by the rules of law. Legal capacity arises from the moment of birth and terminates with the death of a person.

Legal capacity is not a quantitative expression of the rights of a subject, but a permanent civil state of an individual; not the possession of rights itself, but the ability to possess rights, acquire subjective rights.

The age, mental and physical condition of a citizen does not affect his legal capacity. Legal capacity is equal for all citizens regardless of gender, nationality, origin, property status, place of residence, attitude to religion, membership in public organizations, etc.

Legal capacity - the ability of an individual to exercise (use and fulfill) subjective legal rights, obligations and bear responsibility, provided by the norms of law, independently, by his conscious actions.

Legal capacity, as opposed to legal capacity, depends on age, physical condition persons, as well as other personal

Chapter 18. Legal relationship, legal fact

qualities of a person that appear in him as he mentally, physically, socially develops.

Full legal capacity begins from the moment of civil majority.

As a rule, in most branches of law, legal capacity and legal capacity coincide in one person, they are inseparable, except for civil (and partially family) law, where an incapacitated person can be the subject of specific legal relations.

V civil law there is a gradation of various degrees of legal capacity.

Full legal capacity begins at the age of 18.

Incomplete (relative) legal capacity: 14-18 years (projected in the Civil Code of Ukraine), 15-18 (according to the current legislation).

The legislation provides for the possibility of declaring a minor who has reached the age of 16 fully capable if he works under an employment contract, including under a contract, or is engaged in entrepreneurial activity.

Declaration of a minor as fully capable (act of emancipation) is made by decision of the guardianship and trusteeship body - with the consent of the parents, adoptive parents or guardian, and in the absence of such consent - by a court decision.

Partial legal capacity: up to 14 years (projected in the Civil Code of Ukraine), up to 15 years (according to the current legislation).

Limited legal capacity is expressed in the following:

The limitation of human and civil rights and freedoms is provided by the law of the state to the extent that it is necessary to protect the foundations of the constitutional order, morality, health, rights and legitimate interests of others, to ensure the defense and security of the country;

Restriction of human and civil rights and freedoms is possible by a court decision due to the abuse of alcoholic beverages or drugs. Absolute incapacity is established for persons declared incapacitated by a court decision due to mental illness or dementia.

Section IV. Theory of law

No one can be limited in legal capacity other than by a court decision and in accordance with the law. The lack of legal capacity in children and mentally ill persons is replaced by the capacity of others, specially designated persons - parents, guardians or trustees. Consequently, legal personality is an integral category, and in the field of civil law it also forms the unity of legal capacity and capacity: here, instead of a legally capable, but incapacitated person, his legal representative can act.

Delicacy is the ability to bear responsibility for committed offenses. In some cases, delinquency precedes the onset of full legal capacity. For example, persons who, before committing a crime, turned 16 years old, are subject to criminal liability, and for some types of crimes it begins from the age of 14 (Article 10 of the Criminal Code of Ukraine). It is noteworthy that without reaching full legal capacity, these persons are delinquent. "

The prerequisite for delinquency is sanity, i.e. the ability at the moment of committing a socially dangerous act to be aware of their actions and to lead them.

The legal personality of individuals can be:

special;

individual.

In a specific legal relationship, a subject can act as a bearer of general, special and individual legal personality.

Legal personality is a legal prerequisite for the recognition of a person as the bearer of the corresponding legal status (see § "Legal status of a person").

The subjects of law are individuals or organizations who, on the basis of legal norms, can be participants in legal relations, that is, bearers of subjective rights and obligations.

Legal personality is the ability (opportunity) provided for by the norms of law to be a participant in legal relations. It is a complex legal property, consisting of two elements - legal capacity and legal capacity.

Legal capacity is 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 capacity of a person provided for by the rules of law

by actions to acquire rights and obligations, to exercise and fulfill them. Varieties of legal capacity are transactional capacity, that is, the ability (opportunity) personally, by their actions, to carry out civil legal transactions, and delinquency - the ability to bear legal responsibility for an offense provided for by the rules of law.

The distinction between legal and legal capacity is characteristic mainly for civil law, since the legal capacity of a citizen arises at the moment of birth, and legal capacity - upon reaching a certain age. How are rights and obligations fulfilled if a legally incompetent person is a party to a legal relationship? In such cases, the missing elements of legal personality are fulfilled by others. There is an institution of representation in civil law. By his actions, the representative exercises his rights and fulfills his duties on behalf of the legally incompetent participant in the legal relationship. In other legal branches, legal and legal capacity are not separated, it is understood that they appear in a citizen at the same time and his legal status is characterized by a single legal capacity, or, in other words, legal personality.

The circle of persons with legal personality is determined by specialized norms. For example, in accordance with p.

1 tbsp. 13 of the Family Code of the Russian Federation, the age of marriage is set at eighteen years. If there are valid reasons, local governments at the place of state registration of marriage are entitled, at the request of persons wishing to marry, to allow persons who have reached the age of sixteen to marry (part 2 of article 13 of the RF IC).

Individuals (citizens Russian Federation, Foreign citizens, stateless persons, persons with dual citizenship), organizations and social communities (see diagram on p. 345).

Citizens are the most numerous subjects of law, they enter into various legal relationships: civil, family, labor, land, financial, procedural and others. The social and legal activity of a citizen determines his position in society, social group, work collective, his success in life.

The legal status of Russian citizens is generally characterized by their legal status, which includes legal personality and fundamental rights, freedoms and obligations enshrined in the Constitution of the Russian Federation. The legal status of Russian citizens fully complies with the human rights standards enshrined in the acts international law... By virtue of Art. 17 of the Constitution of the Russian Federation, fundamental human rights and freedoms are inalienable and belong to everyone from birth. According to Art. 18 they are directly acting. Rights and freedoms determine the meaning, content and procedure for the application of laws, the activities of the legislative and executive authorities, local self-government and are ensured by justice.

The Constitution of the Russian Federation enshrines and guarantees the equality of all before the law and the court, the right to life, protection of the dignity of the individual, the right to freedom and personal integrity, inviolability privacy, housing, freedom of movement, choice of places of stay and residence, freedom of conscience, thought and speech, meetings, rallies and demonstrations, the right to association, participation in the management of state affairs, freedom of entrepreneurial activity, protection of the right to private property, including land. Everyone has the right to freely dispose of their abilities for work, has guarantees social security, the right to housing, to health care, to education, to freedom of creativity, to judicial protection of rights and freedoms. The Constitution of Russia ^ establishes the duties:

pay legally established taxes and fees, preserve nature and environment, to take good care of natural resources, to defend the Fatherland, to carry out military service in accordance with federal law.

The legal capacity and legal capacity of citizens are usually the same in volume. However, in a number of cases, by law or by a court decision, a person is limited in legal capacity.

The legal capacity of minors is regulated by Art. 28 of the Civil Code of the Russian Federation. In clause 1 of this article, a general rule is formulated:

for minors under the age of fourteen (minors), transactions can be made on their behalf only by their parents, adoptive parents or guardians. There is an exception to this rule (clause 2 of article 28 of the Civil Code of the Russian Federation): minors aged six to fourteen have the right to independently make small household transactions; transactions aimed at obtaining benefits free of charge, which do not require notarization or state registration; transactions for the disposal of funds provided by a legal representative or with the consent of the latter by a third party for a specific purpose or for free disposal. From the content of Art. 28 of the Civil Code of the Russian Federation it follows that the law considers children under six years of age to be completely incapacitated.

The legal capacity of minors between the ages of fourteen and eighteen is defined in Art. 26 of the Civil Code of the Russian Federation. General rule, established in clause 1 of the named article, reads: minors between the ages of fourteen and eighteen make transactions with a letter

the consent of their legal representatives -

parents, adoptive parents or guardian. There are exceptions to this rule.

First, as provided in paragraph 2 of Art. 26 of the Civil Code of the Russian Federation, minors have the right to independently, without the consent of their parents, adoptive parents and guardian, dispose of their earnings, scholarships and other income; to exercise the rights of the author of a work of science, literature or art, invention or other result of his intellectual activity protected by law; in accordance with the law, make deposits in credit institutions and dispose of them; make small household and other transactions provided for minors in paragraph 2 of Art. 28 of the Civil Code of the Russian Federation.

Secondly, upon reaching the age of sixteen, minors are entitled to be members of cooperatives in accordance with the laws on cooperatives.

Thirdly, a minor who has reached the age of sixteen can 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 guardian, and in the absence of such consent - by a court decision.

The court recognizes citizens as legally incompetent who, as a result of 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 make 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 electoral rights, they are not subject to military service, some articles of the Criminal Code (for example, on treason), etc.

In addition to the general (constitutional) legal status

tusa, different citizens have a special status, which is determined by more specific laws: for example, the status of a worker, soldier, police officer, student, pensioner, etc. Now the status of a refugee, foreign worker, unemployed, etc. is in need of a thorough legislative study, which is dictated by the new realities of Russian life.

The subjects of law include state and non-state organizations, the state as a whole.

Government organizations are created to perform a variety of functions. As subjects of law, they can be divided into three groups:

1) state bodies that perform management functions and have power. Most often they act as subjects of administrative, land, criminal law, procedural legal relations. The legal status of state bodies is characterized by competence, that is, a set of rights and obligations provided for by the relevant regulatory acts;

2) institutions engaged in social and cultural activities not related to power. Such institutions (schools, hospitals, universities, libraries, theaters, museums, etc.) are funded by the state and are endowed with a set of rights and obligations to perform their functions;

3) enterprises engaged in economic activities, operating on the basis of the right of economic management (unitary enterprises) or the right of operational management (state enterprises). The state bears subsidiary responsibility for their obligations (clause 3 of article 56 and clause 5 of article 115 of the Civil Code of the Russian Federation).

State organizations act in civil law relations as legal entities performing functions that are not related to government powers. In accordance with Art. 48 of the Civil Code of the Russian Federation “a legal entity is an organization that owns, economic management or operational management of a separate property and is responsible for its obligations with this property, can, on its own behalf, acquire and exercise property and personal non-property rights, bear obligations, be a plaintiff and a defendant in court. "

Many non-governmental organizations also receive the rights of legal entities ( business partnerships and societies, production and consumer cooperatives, public, religious organizations, etc.).

Non-governmental organizations act not only in the economic sphere, but also in the sphere of politics (party), protection of the rights of citizens (legal consultations, consumer protection societies, trade unions), act as subjects of law in state-legal, administrative-legal, labor, procedural and other relationships.

The state as a whole acts as a subject of law in state-legal (interstate, between republics and the Federation) and some property (when issuing bonds of a domestic loan, in relation to ownership of ownerless property, treasures, etc.) relationships, is the owner enterprises of industry, transport, communications, etc.

Social communities (people, nation, population of the region, labor collective) are subjects of law in special cases provided for by law. For example, the people directly exercise their rights through a popular vote (referendum). In accordance with Art. 130 of the Constitution of the Russian Federation local government provides independent decision the population of issues of local importance, ownership, use and disposal of municipal property. However, most often social communities act through state and public organizations.

Participants in legal relations are subjects, which are understood as people and their associations, acting as carriers of the rights and obligations provided for by law. The circle of subjects of law ultimately depends on the state.

Otherwise, subjects of law are individuals or organizations that, on the basis of legal norms, can be participants in legal relations, that is, bearers of subjective rights and obligations.

Subject of law and subject of legal relationship

Important! It should be borne in mind that:

• Each case is unique and individual.
• Careful study of the issue does not always guarantee a positive outcome of the case. It depends on many factors.

To get the most detailed advice on your issue, you just need to choose any of the options offered:

The concepts of "subjects of law" and "subjects of legal relations" are in principle equivalent, although in scientific literature certain reservations are made on this score:

1. 1. specific as a permanent subject of law cannot be a participant in all legal relations at the same time;
   2. newborns, young children, mentally ill persons, being subjects of law, are not subjects of most legal relations;
   3. legal relationship is not the only form of realization of the right.

We know from history that not all people in the past were recognized as subjects of law, for example, slaves could only be an object of law (subject of purchase and sale). In Roman law, the slave was considered as a "talking tool", object, thing. However, there was no equality among the free.

Under feudalism, serfs were also not full-fledged citizens, and therefore, were not full-fledged subjects of law. They were significantly limited in their rights. Feudal law was the right of privileges, it clearly carried out the gradation of people depending on social origin, titles, estates, etc.

In modern civilized countries, these discrimination have been eliminated. In the International Covenant on Civil and Political Rights (1966) it is written: "Every person, wherever he is, has the right to be recognized" (Article 16). This provision is also enshrined in the 1948 Universal Declaration of Human Rights (Art. 6).

Types of subjects of law

Subjects of law are divided into:

1) individual (individuals):

• • citizens of the Russian Federation;
  • Foreigners;
  • persons without (stateless);
  • persons with dual citizenship (bipatrides).

2) collective (legal entities):

• • the state itself;
  • government bodies and institutions;
  • public associations;
  • administrative and territorial units;
  • subjects of the Russian Federation;
  • constituencies;
  • religious organizations;
  • industrial enterprises;
  • foreign firms;
  • special subjects (legal entities).

According to Russian law, not all organizations and institutions can act as legal entities, but only those that meet certain conditions.

The signs of a legal entity are formulated in Art. 48 of the Civil Code of the Russian Federation:

1. 1. property isolation;
   2. the ability to acquire the corresponding rights and obligations on its own behalf;
   3. be a plaintiff and a defendant in court.

The very concept of a legal entity has a meaning mainly in civil law, i.e. in property, obligations.

Legal capacity, legal capacity and legal personality of subjects of law

The general (abstract) ability recognized by the state to have the rights and obligations provided for by law, the ability to be their bearer (not actual ownership, but only the possibility or ability to do so postulated in advance).

All citizens, without exception, have equal legal capacity, it arises at the moment of their birth and ends with death..

Legal capacity is not a natural, but a social and legal quality of subjects, which is of an absolute, universal nature. It follows from the international covenants on human rights, the principles of humanism, freedom and justice. It is the responsibility of each state to properly guarantee and protect this quality.

The main thing in legal capacity is not rights, but the fundamental possibility or ability to have them.

We emphasize that legal capacity is not the sum of some rights, not their quantitative expression, but an indispensable and permanent civil state of an individual, an element of his legal status, a prerequisite for ownership... This ability (opportunity) can not be terminated by anyone and under any circumstances. It is recognized a priori as an unconditional and indisputable axiom - something for granted. Any citizen, including a minor, knows for sure that he is legally capable and, therefore, can become a bearer (now or in the future) of the corresponding rights and freedoms.

Types of legal capacity:

1. 1. general,
   2. industry,
   3. special.

General is the fundamental possibility of a person to have any rights and obligations from among those stipulated by the current legislation, although the actual possession of certain rights can occur, as already mentioned, only under certain conditions. In Russian legislation, there is no definition of general legal capacity, but only civil. But in science, in the general theory of law, it took shape.

Industry-specific legal capacity makes it possible to acquire rights in certain branches of law. That is why it is called branch. For example, marriage, labor, electoral.

Special (official, professional) legal capacity is a legal capacity that requires special knowledge or talent. For example, the profession of a judge, doctor, scientist, artist, musician, etc.

The legal capacity of organizations, legal entities is also special, it is determined by the goals and objectives of their activities, fixed in the relevant statutes and regulations on them. It arises at the time of the creation of an organization and ends with its liquidation.

Not only the ability of the subject to have rights and obligations, but also the ability to acquire them by his own personal actions, to be responsible for the consequences, to be a participant in legal relations.

Legal capacity depends on age and mental state persons, while legal capacity does not depend on the specified circumstances. Full legal capacity begins from the moment of majority, i.e. upon reaching the age of 18.

If legal capacity accompanies an individual throughout his life, then legal capacity - only from a certain age. For example, young children under 14 years of age and mentally ill persons, who may have certain rights, but cannot exercise them, do not have legal capacity. They are supported by their legal representatives - parents, guardians, trustees.

Legal personality is legal capacity and legal capacity taken together, i.e. legal capacity.

it collective term reflects those situations when legal capacity and legal capacity are inseparable in time, organically merge together, for example, in organizations or adults, when they are both legal and capable at the same time. There are no legally capable but incompetent collective subjects. The distinction between these properties does not apply to them.

Legal personality is the ability or ability of a person to be a subject of law with all the ensuing consequences.

Many rights of citizens are non-transferable; they cannot be exercised for an incapacitated person by another person (for example, to get married, get an education, conclude labor contract etc.). Unlike property rights, they must be exercised by the owner himself.

1. 1. legal capacity;
   2. legal capacity;
   3. delicacy, i.e. ability to be responsible for civil offenses (tort);
   4. sanity is a condition of criminal liability.

Although the last two terms are covered in the final analysis by the second, such a dismemberment of the concept can contribute to a deeper understanding of it.

In general, legal personality is one of the mandatory legal prerequisites for legal relations.

Topic 19. Legal relationship

1. Legal relationship.

Legal relationship is a public relationship regulated by law, the parties to which have subjective rights and bear legal obligations.

Legal relationship is characterized by the following main features:

the presence of at least two parties - entitled and obligated;

the connection between them through subjective rights and legal obligations;

the regulation of the content of subjective rights, legal obligations, conditions for the emergence of a legal relationship by legal norms;

provision of the possibility of state coercion.

3. The factors giving rise to legal relations include:

general (material);

special (legal).

General (material) factors mean:

socio-economic conditions of society;

those specific material and intangible benefits, about which a legal relationship arises (the object of a legal relationship);

the presence of participants (subjects) of the legal relationship;

the exercise by the participants of the legal relationship of their subjective rights and the fulfillment of their legal obligations.

Special (legal) factors affecting the emergence of a legal relationship are:

legal regulations;

legal capacity and legal capacity (legal personality);

legal facts.

Legal relationship can take place only if all of the above factors are present.

4. The structure of the legal relationship is:

subjects;

legal content (includes subjective rights and legal obligations).

Objects - those tangible and intangible benefits for which a legal relationship arises.

Subjects - participants in a legal relationship, acting as an authorized (having subjective rights) or obligated (bearing legal obligations) party, or both entitled and obligated.

Subjective law is a measure of the possible behavior of the entitled party in order to obtain the good, about which a legal relationship has arisen.

Legal obligation is a measure of due behavior of the obligated party to fulfill the interests of the entitled party.

5. The law has a greasy effect on the legal relationship, because:

legal relations are social relations governed by law;

legal relationship is one of the forms of realization of the right;

legal relationship - a direct consequence of law.

The norms of law establish:

in the hypothesis - the grounds for the emergence of a legal relationship;

in the disposition - the object of the legal relationship, the list of subjects, the content of subjective rights and legal obligations;

in sanctions - measures of legal responsibility in case of violation of the prescriptions of the legal norm governing the legal relationship.

6. At present, the following classification of legal relations has been adopted in legal science.

By branches of law:

constitutional (example: relations regarding human rights and freedoms); administrative (in the government controlled); civil law (rent, purchase and sale, etc.); financial (adoption, execution of the budget); family (marriage, alimony and other legal relations); criminal law (relations of responsibility for different kinds crimes); legal relations of other branches of law.

general regulatory (for example, general relations of citizenship); regulatory (specific legal relations regulated by a civil law contract); protective (relations of criminal responsibility and punishment).

The nature.

procedural (relations on initiating a criminal case, conducting an investigation); material (relations in this criminal case (merits)), other legal relations.

By the degree of certainty:

absolute (exist between the subject and everyone else, for example, private property relations); relative - between specific entities (for example, landlord and tenant).

By the number of participants:

simple (bilateral agreement); complex (collecting signatures for the appointment of a referendum).

By duration:

instant (exchange); long-term (rent).

By the nature of the duty:

active (obligation to provide service under the contract); passive (possession of property).

2. The structure of the legal relationship.

1. The structure of the legal relationship is:

objects of legal relationship;

subjects of legal relations;

legal content - subjective rights and legal obligations.

2. Objects of legal relationship are those material and intangible benefits, about which legal relationships arise.

The latter can be: things; property (movable and immovable); securities; money; the documents; works of literature; works of art; scientific achievements; inventions; services; life; health; honor; dignity; business reputation; other goods of tangible and intangible value.

3. The subjects of legal relations are individuals (people) and legal (organizations) persons, as well as social communities and groups participating in a legal relationship - possessing subjective rights and bearing legal obligations.

The main types of subjects of legal relations include:

individuals: citizens, persons with dual citizenship - act as subjects of a wide variety of legal relations, have a maximum of subjective rights and fully fulfill their duties; foreign citizens, stateless persons - can be subjects of many legal relations, with the exception of those where citizenship is required (for example: military service, participation in elections, filling government positions);

legal entities: the state, state bodies - are predominantly subjects of constitutional, administrative, land, financial, criminal law, international legal relations, as a rule, with other subjects they are in subordination (less often - coordination) relations, communication in legal relations is carried out through competence - a set of rights, obligations, functions; subjects of the same group of legal relations, as well as civil and labor relations are state institutions and enterprises, as well as public organizations; commercial and non-profit organizations(business partnerships, societies, cooperatives, religious organizations, foundations, etc.) - usually act as subjects of civil relations;

social communities, groups: people; nation; the population of the region, settlement, other social groups - are the subjects of special legal relations, most often a referendum and elections. The status of the subjects of a legal relationship characterizes such a concept as legal personality - the ability to be a participant in a legal relationship, which includes:

legal capacity - the ability to have subjective rights and bear legal obligations; - legal capacity - the ability by their actions to exercise subjective rights and fulfill duties.

The legal relationship has:

actual content

legal content.

The actual content of the legal relationship is the public relations themselves, the legal content is the subjective rights and legal obligations.

4. Subjective law is a measure of the possible behavior of a participant in a legal relationship to achieve a specific material and intangible benefit, provided by the legal obligations of other participants in this legal relationship.

Subjective law includes the following powers: the ability to choose a variant of behavior by a participant in a legal relationship with a subjective right (that is, to perform legal and factual actions);

the ability to require a participant with legal obligations to perform certain actions or refrain from them;

the possibility of resorting to the assistance of the state (its coercive force) in the event that another participant in the legal relationship fails to fulfill its legal obligations.

Signs of subjective law are:

opportunity for the owner given right certain behavior;

the behavior itself, which can be expressed in both legal and actual actions;

regulation of this right (and options for behavior) by legal norms;

conditionality of the emergence of this right by certain life circumstances - legal facts;

reciprocal obligation of the opposite party to perform certain actions or refrain from any actions;

a specific material or non-material benefit, about which a legal relationship arises (interest of the entitled party).

5. Legal obligation - a measure of due behavior of the obligated party in order to satisfy the interests of the entitled party to the legal relationship.

A legal obligation can be expressed in:

taking active actions;

refraining from certain actions;

legal liability (undergoing adverse personal and property consequences) in the event of

failure to fulfill the obligations imposed by the rule of law.

3. Legal facts.

Legal facts are those circumstances with which the emergence, change and termination of legal relations are associated.

Legal facts have the following features:

provided for by a regulatory legal act;

cause certain legal consequences (emergence, change, termination of legal relations, cancellation of other legal facts);

objectified (expressed) outwardly (that is, they must happen in real Reality);

documented (by reference, other documents, with the exception of well-known and obvious facts);

spend the interests of the individual, individual social groups, society, state (that is, meaningful from a social point of view);

are expressed in the presence or absence of certain phenomena, events, actions;

take place in a certain space and at a certain time;

specific and individual.

3. At present, the traditional classification of legal facts has been established in legal science.

On a strong-willed basis, legal facts are divided into:

events - circumstances, natural phenomena, the occurrence of which does not depend on the will of a person;

actions of S. circumstances which are the result of will a person - solutions organs of the state, the actions of an individual.

In turn, actions can be:

legitimate - to comply with the norms of law;

illegal - to violate the requirements of legal norms, to harm society and the state.

Among the lawful actions are:

legal acts - actions of people, government agencies, aimed at achieving a legal result (for example, marriage);

legal actions - actions that cause legal consequences, regardless of whether the perpetrator realized their significance, sought or did not strive to achieve a legal result.

Events are classified:

by origin: natural (spontaneous); dependent in their origin on a person;

by duration: instant (incidents); lasting (processes);

by repeatability: unique; periodic;

by the nature of the consequences: reversible; irreversible.

Lawful actions:

by subject: actions of state bodies; citizens; organizations;

by legal focus: legal acts; legal acts; effective actions;

by the method of fixation: documented; undocumented;

by industry: substantive; procedural.

Illegal actions:

according to the degree of public danger: crimes; offenses; misconduct;

by branches of law: criminal; administrative; civil law; others;

by form of guilt: intentional; careless;

by motive: selfish; hooligan; others;

by object: crimes against the person; crimes against public safety and public order;

state crimes; property crimes; other crimes, offenses, misdemeanors;

by subject: individual; group; committed by an organized group or criminal community;

by special characteristics: official; crimes committed by military personnel;

by age criterion: crimes committed by minors; crimes committed by persons over 18 years of age.

For additional grounds (functions), all legal facts (regardless of the main classification) are classified into:

law-giving and legal obstacles;

law-making, law-changing, law-terminating;

positive (record the presence of a circumstance) and negative (record the absence of a circumstance);

chief and subordinates;

calculated (indices, coefficients, other indicators of legal significance);

formalized, unformed, latent.

In legal science, special legal facts are highlighted. Effective action is an example of this.

Effective actions are a relatively new type of legal facts, which are understood as legal actions,

aimed at achieving a legal result (that is, in reality, occupying an intermediate position between

legal acts and legal acts).

The specificity of these actions is that the legal consequences are caused not by the actions themselves, but by their result (for example, not the invention process, but the invented thing itself); these actions have legal significance, even if they were committed by an incapacitated person. Examples of effective actions are the creation of works of literature, art, science and technology, regulated by copyright and patent law.

4. Legal facts are an element of the legal regulation mechanism.

Their action in this mechanism is manifested through the functions:

the main ones are the emergence, change and termination of legal relations;

additional - guaranteeing the rule of law, preliminary impact on public relations.

The legal regulation mechanism includes:

legal norms - rules of conduct general(model of behavior, designed for a specific situation);

legal relationship - the emergence of specific rights and obligations in a specific situation.

The role of legal facts in the mechanism of legal regulation is that they are a connecting link between legal norms and legal relations, namely: they act as a signal after which abstract legal norms are transformed into concrete rights and obligations that are endowed with participants in legal relations.

Also, legal facts have an informational impact on the participants in public relations and thereby carry out their indirect regulation. Knowing about legal facts, their legal consequences, state bodies, organizations, citizens seek to commit lawful actions - legal acts (to conclude a marriage, a contract for employment, civil transactions, etc.) or legal acts (to fulfill their obligations) ; avoid misconduct.

Using this or another method (serving as the basis for initiating or refusing to initiate criminal cases), legal facts contribute to legal regulation public relations, strengthening the rule of law in the country.

4. Complex legal facts, factual compositions, large factual systems.

1. Complex legal facts are called those that are made up of several elements.

Examples of complex legal facts include:

an offense (crime), which consists of four elements - the subject (the person who committed the crime), the object (legally protected public relations, which the subject has infringed upon), the objective side (the actions of the subject), the subjective side (motives, purpose of the crime, the guilt of the subject) , moreover, the crime is one complex (complex) legal fact, and not a combination of four separate legal facts (that is, the elements of a legal fact are its sides, and not independent facts); legal capacity - includes two elements: the ability by their actions to acquire and exercise civil rights and obligations (subjective) and reaching a certain age (objective); unknown absence - the absence of a person in the place of permanent residence without information about his location (subjective element) and the period of his absence (objective element). Complex legal facts are due to structure, variety of phenomena public life, they allow the legal framework to cover multilateral social phenomena and situations.

2. In contrast to complex legal facts, the factual compositions act as a system of legal facts that together give rise to legal consequences.

For example, to appoint a person to the office of a judge in the Russian Federation, you need:

the presence of citizenship of the Russian Federation;

reaching the age of 25;

availability of special training (legal education);

work experience in the legal profession;

the absence of factors that impede the appointment;

decision of the qualification board;

Decree of the President of the Russian Federation on the appointment of a judge of the Russian Federation.

3. The elements of actual compositions very often include a special legal fact - timing.

The importance of timing is due to the fact that many social phenomena and processes have a time duration. The peculiarity of the term as a legal fact is that it generates legal consequences only as an element of the actual composition (that is, in conjunction with other legal facts). The term itself does not entail legal consequences. It can be characterized either by a starting and ending moment and measured in time (year, month, day, hour, etc.), or it can act as a specific event.

4. Often, the structure of actual compositions includes not only legal facts, but also legal conditions.

Legal conditions are circumstances that do not themselves give rise to the emergence, change or termination of legal relations, but have legal significance for the occurrence of legal consequences. For example, Russian citizenship itself does not generate legal consequence in the form of work in the Prosecutor's Office of the Russian Federation, however, without citizenship of the Russian Federation, work in the Prosecutor's Office of the Russian Federation is impossible.

Thus, the legal conditions do not give rise to the legal relationship itself, but the possibility of the emergence of a legal relationship. In practice, legal conditions such as citizenship, place of residence, gender, age, health status, marital status, and education are often encountered.

5. Greater factual systems are a set of legal facts that are concentrated in a normative legal act, a legal institution, a branch of law, etc., have various connections with each other and give rise to legal consequences.

The main features of a large actual system are as follows:

many elements - legal facts, actual compositions, legal conditions;

the presence between them of a variety of connections - coordination, subordinate positive, negative, genetic, functional, which play a system-forming value;

inconsistency of the system and all elements (inclusion of new facts in the system, the emergence of old ones, the formation of new connections);

distribution in space and time (for example: the territory of the whole country, for a long time);

the influence of the subjective will of the legislator;

relative isolation.

Large factual systems can be open: they allow its interpretation, the introduction of new elements (Civil Code of the Russian Federation);

do not allow this, require consideration only of those facts that are directly indicated in the regulatory legal act.

Literature

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