Subjective right and legal obligation of participants in legal relations. Concept of legal obligation

Object legal relationship is what the subjective rights and legal obligations of its participants are aimed at. Therefore, another component of legal relations is subjective law and legal duty.

Subjective law can be defined as the type and extent of possible or permitted behavior of a person guaranteed by law, and legal duty- as a type and measure of proper or required behavior. The basis of subjective law is a legally enforceable possibility; The duty is based on a legally established necessity. The carrier of opportunity is called authorized, duty bearer - legally liable. The first can perform certain actions provided for by the legal relationship; the second is obliged to fulfill them.

Subjective law includes four elements:

the possibility of positive behavior of the most authorized person, that is, the right to one’s own actions;

the ability to demand appropriate behavior from a legally obligated person, that is, the right to the actions of others;

opportunity to resort to state coercion in case of failure of the opposing party to fulfill its obligations;

opportunity to use based on this right certain social benefit.

There are also fractional components of subjective law, called powers. IN different rights there are more or less of them, for example, in the right of ownership there are three of them: possession, use and disposal of property; and the right to freedom of speech includes: the opportunity to speak at various meetings and rallies, publish in print, have access to radio and television, criticize shortcomings, make suggestions, engage in literary and artistic creativity, etc. However, the general structure of subjective law remains fourfold, because, abstracting from the many types of rights, it reflects their main and most typical properties.

Subjective law is based on state protection of the interests of a participant in a legal relationship. The ability of the person entitled to seek protection of his violated right is called claim. Claim as component subjective law is ensured by the system of state law enforcement agencies. Every legal subjective right is associated with a claim, i.e. with the opportunity to apply to a court or other government body for protection of one’s right if there is a violation of it, failure to fulfill a legal requirement, etc.

The structure of legal obligation corresponds to the structure of subjective law, it is, as it were, its reverse side, and also consists of four elements:

the need to commit certain actions or abstain from them;

the need for a legally obligated person to respond to requests addressed to him legal requirements authorized;

the need to bear legal liability for failure to comply with these requirements;

the need not to prevent the counterparty from using the benefit to which he has the right.

A legal obligation is established both in the interests of the person authorized and in the interests of the state as a whole; she is the guarantor of their implementation. If a subjective right can not be used, it can be waived, but a legal obligation cannot be waived. Violation of legal duties is punishable by legal liability.

Subjective rights and legal obligations are closely related to each other, since subjective rights are ensured by a legal obligation, and legal obligations correspond to the corresponding subjective rights. . Such interaction is already laid down in the legal norm.

So, two conclusions follow from the second chapter: firstly, without an object there cannot be a legal relationship, since there is no interaction between subjects. The object of a legal relationship is an element under the influence of which the parties enter into various legal relations.

Secondly, subjective right and legal obligation are the content of the legal relationship, because by these elements of the legal relationship one can judge its nature and purpose.

Legal relations have complex structure. The legal relationship includes four elements: objects of the legal relationship: subjects of the legal relationship; subjective rights and legal obligations. The last two components form the content of the legal relationship.

The object of a legal relationship is a material or intangible benefit, as well as an action or the results of these actions, regarding which a legal relationship arises. The scope of objects (benefits), the achievement or protection of which is aimed at the implementation of the rights and obligations of participants in legal relations, is very diverse. According to Article 128 Civil Code Russian Federation (hereinafter referred to as the Civil Code of the Russian Federation) objects civil legal relations are:

1. things, including money and chain papers;

2. other property, including property rights;

3. work and services;

4. information, results intellectual activity, including exclusive rights on them (intellectual property);

5. intangible benefits, among them personal non-property ones - life, honor, human dignity, privacy of correspondence, etc.

An object can change its properties in the process of development of a legal relationship, move from one party to another. In addition, the same benefit can be the object of different legal relations.

The subjects of legal relations are their participants, endowed with subjective rights and legal obligations. Exactly for implementation legal rights and the interests of the subjects are directed by the legal relationship.

The range of subjects is very diverse. You can select collective subjects rights: the state and its bodies, administrative-territorial units of the state; legal entities, social communities and individual - physical linden.

The state (and its bodies) is the subject international relations, interacting with other countries, and a participant in the most significant economic, political, social, and cultural relations within the country. The ability to act as a subject of global, regional and local legal relations follows from the functions of the state: to determine its external and domestic policy, overcome various kinds of contradictions, manage the main economic potential, and ensure a decent existence for people and citizens.

Administrative-territorial units - republics, cities, districts, voivodeships, counties, regions, etc. are subjects of legal relations within the framework of the powers assigned to them by the constitution.

Legal entities are organizations that own, economic management or operational management separate property who are liable for their obligations with this property, acquiring and carrying out property and personal property on their own behalf moral rights, responsibilities who are a plaintiff or defendant in court and have an independent balance sheet or estimate.

Legal entities enter into legal relations necessary for the implementation of their statutory tasks. For example, bar associations provide citizens and organizations legal assistance. For this purpose, agreements are concluded between clients and lawyers.

The specific subject of legal relations is social communities: nations, nationalities, ethnic groups, the role of which has noticeably increased in recent years.

Individuals are specific people (citizens, foreigners, stateless persons) seeking to satisfy their needs and fulfilling the duties assigned to them.

The scope of the rights and obligations of subjects is determined by their legal personality, which means the presence of legal capacity and legal capacity at the same time.

The legal capacity of a subject is his ability, enshrined in law, to have rights and bear responsibilities.

Legal capacity legal entity arises from the moment of registration of the charter. This is an abstract opportunity to have rights and bear responsibilities, which can only be realized when certain conditions(age, health status, etc.)

Legal capacity individual occurs from the moment of birth. There is only one exception to this rule: the right of the testator's child born after his death to be an heir at law. In this case, legal capacity arises before birth.

The legal capacity of an individual ceases with his death or with the recognition of a citizen as deceased in judicial procedure. The latter is possible if at the citizen’s place of residence there is no information about his place of stay for five years; and if he went missing under circumstances that threatened death or gave reason to believe that he died from a certain accident - within six months. It is recognized equally for all citizens.

Subjective rights and legal obligations

Subjective law-- a measure provided and protected by the state possible behavior authorized subject, bearer of law.

Subjective law is a complex concept. It includes a set of powers. First of all, this is the power of demand addressed to other persons in order to satisfy the legal claims of the authorized person.

The right to defense includes the ability of a person to defend his right by all means and methods not prohibited by law, as well as to apply, if necessary, for protection to specially authorized bodies.

The right to one's own actions is the ability to lawful behavior bearer of law in order to meet needs.

Let us consider these powers using the example of property rights. The owner of this disposition can appeal to any person with a demand not to interfere with the lawful possession, use and disposal owned property. If the owner’s rights are violated, he has the right to file a claim in court to protect them (for example, a claim to eliminate the obstacle to the use of property). In addition, the owner has the right to own, use and dispose of his property within the framework of the law.

Legal obligation -- provided for by law a measure of proper behavior of the subject of a legal relationship that contributes to the satisfaction of the interests of the authorized party.

Responsibilities in legal relations can be active and passive. An active duty is the performance of actions (payment of debt, delivery of products). The passive duty is the need to refrain from actions that are undesirable for the authorized party, as a rule, violating its rights.

For example, a passive duty is the obligation of the person with whom the children live in the event of separation of the spouses, not to prevent the second spouse from participating in raising the children, i.e. refrain from actions that prevent children from meeting the parent who does not live with them.

The realization of subjective rights and legal obligations occurs as a result of the lawful behavior of subjects aimed at meeting the needs of the authorized party and fulfilling the legally required meaningful action(refrain from them) by the obligated party.

Chapter three. NORMS OF LAW AND LEGAL RELATIONS

2. LEGAL RELATIONSHIP. SUBJECTIVE LEGAL RIGHTS AND OBLIGATIONS.

1. What is a legal relationship?

If the initial link in the operation of law is legal norms, then the next link in legal regulation is a subjective right and a legal obligation or, if we consider them together, in connection, a legal relationship (legal relationship).
A legal relationship is a connection between subjects who have subjective rights and legal obligations.
Here we have strict legal logic (let us once again pay attention - it is logic, and legal at that): when someone has a subjective right, then inevitably someone else has a legal obligation - if not to perform any actions, then although not to interfere with the actions of the holder of the right, to recognize them. And vice versa: if a person bears a legal duty, then there is another person who has the right and can demand the fulfillment of this duty. And in all cases when there is a subjective right and a corresponding legal obligation, the subjects - bearers of rights and obligations - find themselves connected with each other, i.e. related by legal relationship.

2. Types of legal relations.

Legal relationships are diverse. Each branch of law has its own characteristics. And now about two groups of legal relations that have general significance.
This is, first of all, a division of legal relations corresponding to a similar division legal norms, i.e. division into: a) regulatory and b) protective. It exactly corresponds to two directions of influence of law on public life - directly regulatory and protective, and two one-order varieties of legal norms:
regulatory - most civil, labor, family and other legal relations, which consist of those established for persons legal rights and responsibilities;
protective - legal relations, the content of which is the application of state coercive measures and sanctions to the offender; they are found mainly in criminal and administrative law, and usually involve legal liability.
Another significant division of legal relations is by subjects (more precisely, by the degree and nature of individualization of subjects). On this basis one should distinguish:
relative legal relations - in them the subjects are precisely defined by name; These are, for example, obligations in civil law- purchase and sale, lease, etc., where all subjects are accurately recorded and can be specifically named;
absolute legal relations - in them only one party, the bearer of subjective right, is precisely defined (for example, the owner of property), and on the other side there is an indefinite, countless number of persons; any person is obliged to refrain from violating the rights of the owner.
Often there are multi-layered legal relationships in content, where there are mutual, counter rights and obligations; it is enough to recall as an example how large the number of counter-rights and obligations in the legal relationship between housing department and a tenant of residential space under a rental obligation.

3. Elements of the legal relationship.

The legal relationship is complex, public communication, characterized by a number of elements.
These elements:
1) subjective rights and legal obligations - the content of the legal relationship;
2) subjects, one is a bearer of rights (authorized), the other is a bearer of obligations (legally obligated);
3) objects of law.
In addition, they are especially highlighted in connection with legal relations legal facts- circumstances with which the life of legal relations is connected, their movement - emergence, change, termination.

4. Legal rights and obligations are subjective. Authority.

Subjective legal right and the legal obligation inseparably associated with it form the content of the legal relationship.
Subjective right is a measure of permitted behavior belonging to the subject, ensured by the state.
Characteristics subjective rights lie in the fact that they give the subject a certain “legal plus” (the ability to demand something from other persons, the ability to perform certain actions that have legal meaning etc.), include the moment of discretion, the choice of options available to a person. The main means for the state to ensure subjective rights is to impose a legal obligation on another person or persons.
Legal obligation is a measure of proper, necessary behavior prescribed to the subject.
Characteristic features of legal duties (as opposed to duties moral order, duties-customs, etc.) - this is their unambiguity in content, imperativeness, indisputability, security legal mechanisms, the presence of another person or persons with the right to demand the fulfillment of an obligation (this is a right of demand that arises in the event of non-fulfillment or improper execution obligations is a special manifestation of subjective right, which is called a claim).
In both of these definitions, you should pay attention to the word “measure”. Both subjective right and legal obligation are characterized by the fact that the capabilities and freedom of persons (subjective right) and due, required behavior(legal obligation) are not limitless, not endless, but exist within certain strict limits - this is always a “measure” of behavior that has its own boundaries and limits.
Authority is a component, “fractional” part of subjective law. For example, a single subjective right of ownership is formed by three powers: the right of ownership, the right of use, and the right of disposal.

5. Types of subjective rights. There are two main types of subjective rights:

firstly, subjective rights, the content of which is reduced to only one right of demand - the demand to free up space in public transport, on payment of debt, on transfer of property, on compensation for tax arrears, etc. IN in this case center of gravity legal regulation is under the legal obligation of another person (say, to vacate a seat reserved for passengers with children and disabled people, to repay a debt, to pay a tax). And subjective right in the form of the power of claim is a means aimed at ensuring an obligation, the fulfillment of which leads to the achievement of a certain legal effect;
secondly, subjective rights, which give the subject himself the opportunity for his own active behavior (“the right to his own actions that have legal significance”). In this case, the picture is different: the necessary legal effect is achieved not by fulfilling the obligation by another person or persons, but by own actions the subject himself - filing a lawsuit, speaking at a rally, selling or donating his property, etc. There are also legal obligations imposed on other persons; but they only protect and ensure the right to accept a claim or complaint, not to interfere with speaking at a meeting or disposing of property.
These two types of subjective rights are of significant importance in property and private law relations. Here are the differences:
real rights, i.e. such rights when a person has a direct, immediate connection with an object - a thing, and he can achieve a certain property result through his own active actions(for example, in relation to the main property rights- property rights - through the exercise of one’s powers - possession, use and disposal of a thing);
rights of obligation, i.e. such rights when the person who has the right (for example, the right under a purchase and sale agreement, contract) can achieve a property result under an obligation not directly, but only through the fulfillment of the obligation by another person.
Property and obligations rights refer to two types of legal relations, which have already been mentioned: absolute and relative legal relations (depending on whether these rights are opposed by an indefinite circle of persons or only certain obligated persons). Real - absolute rights, obligatory - relative.
Subjective rights and legal obligations are closely interdependent, interconnected, and conditioned by each other. In other words, between their bearers, subjects, a connection arises, which - as we have seen - is called a legal relationship - a connection through the rights and obligations belonging to these persons.

Subjective rights and legal obligations constitute the main content of legal relations.

Legal relations as a form of actual social relations consist of interconnected rights and obligations of subjects. Civil law society assumes that the rights of some members of society are satisfied through the duties of others, and both rights and duties act as the measure of freedom that ensures maximum justice in public life. In one case, a person or organization is endowed with rights, in the other they bear responsibilities.

Subjective right is the opportunity (freedom) of a subject, provided and protected by the state, to satisfy at his own discretion those interests that are provided for by objective law.

Right, belonging to the subject, is called subjective right because it depends only on the will of the subject how to dispose of it. This possibility is not arbitrary, but legal, establishing the measure of permissible behavior.

Subjective law manifests itself in three varieties:

1) in the possibility of positive behavior of the owner of the subjective right (authorized) in order to satisfy his interests.

For example. The owner has the right to dispose and use the thing belonging to him, but not to the detriment of the interests of other persons. While guaranteeing and protecting the rights of subjects, the state at the same time prevents their abuse. Persons who abuse their rights are subject to legal liability measures.

• 2) subjective right is expressed in the ability of the person authorized to demand certain behavior from obligated persons in order to satisfy their legitimate interests. The right of claim objectively follows from the essence of the legal relationship, since in some cases it is impossible to satisfy the interests of authorized persons directly, that is, through their subjective actions. The customer’s right can be satisfied through the contractor’s obligation to perform the work specified in the contract with high quality and in certain period. The right of claim contains the possibility of the actual implementation of the subjective right of the authorized person.
• 3) subjective right includes the ability of the authorized person to contact competent government agencies for the protection of their violated rights. It's about O enforcement rights of a participant in a legal relationship. If the obligated person in voluntarily does not fulfill the duties assigned to him by law, the authorized person has the opportunity to protect his interests.

Turning to state help. So, if the debtor does not return the thing to the owner, then the latter is given the opportunity to demand his thing through the court.

Legal obligation.

Subjective law logically corresponds to the obligation established by objective law. In contrast to subjective law, the duty of the subject is the need to conform his behavior with the requirements presented to him. A legally obligated person may not act as he is encouraged to do. own interests, however, it must be consistent with the requirements of the rules of law that reflect and protect the interests of other persons.

Legal duty is provided for by law and the state-protected need for proper behavior of a participant in a legal relationship in the interests of the authorized subject (individual, organization, state as a whole).

• 1) in the need to perform active positive action in favor of other participants in the legal relationship (authorized persons), for example, under a sales contract, the seller is obliged to transfer ownership to the buyer of property for which the latter paid a certain amount of money.
• 2) legal obligation is expressed in the need to refrain from actions prohibited by law. For example, subletting property provided to the tenant under a household rental agreement is not permitted. Such legal duties are passive in nature.

Legal relations arise, change or terminate due to the occurrence of certain life circumstances (facts). For example, the fact of being called up for active duty military service is the basis for a conscript to enter into military service relations.

Legal facts are specific life circumstances with which the rules of law connect the emergence, change or termination of legal relations. Legal facts are formulated in hypotheses of legal norms. The recognition or non-recognition of a right or obligation depends on the presence or absence of a corresponding legal fact. a certain subject. That's why in the work of a lawyer important has a comprehensive study and correct establishment of legal facts, which makes it possible to understand what kind of legal relationship takes place, what specific legal rights and obligations its participants should have. For example, the commission of a crime is a legal fact that gives rise to criminal law relations between the person who committed the crime and the competent official.

Legal facts are divided according to their connection with the individual will of the subject into two groups: events and actions.

Events are legal facts that occur regardless of the will of people (the birth or death of a person, natural phenomena).

Actions are legal facts, the occurrence of which depends on the will and consciousness of people. From the point of view of legality, all actions are divided into legal and illegal (offences).

Lawful actions are those legal facts that entail the emergence of legal rights and obligations for persons, provided for by the standards rights. In its turn lawful actions are divided into legal acts and legal actions.

Legal acts are such lawful actions that are specifically performed by people with the aim of entering into certain legal relations. For example, a purchase and sale agreement (property legal relations arise).

Legal actions are lawful actions that are not specifically aimed at the emergence, change or termination of legal relations, but entail such consequences. For example, a citizen wrote a letter to a newspaper with the aim of solving environmental problem district. After the letter is published, the citizen has the right of authorship to this publication, although he did not pursue such a goal when writing the letter.

Illegal actions (offenses) are legal facts that contradict (do not comply with) the requirements of legal norms. All offenses are divided into crimes and misdemeanors. Crimes are criminal offenses. Misdemeanors can be disciplinary, administrative or civil.

Thus, subjective right and legal obligation determine specific measure legal freedom in pursuing the interests and regulating the behavior of participants in legal relations.

The legal relationship has material, volitional and legal content:

• • material, or factual, constitute those public relations, which are mediated by law;
  • volitional - state will, embodied in a legal norm and in the legal relationship that arose on its basis, as well as acts of will its participants;
  • legal content form the subjective rights and obligations of the parties (subjects) of the legal relationship.

Legal regulation is carried out mainly through the mechanism of subjective rights and legal obligations, this is what distinguishes it from any other regulatory regulation, for example moral. These rights and obligations, corresponding to each other within the framework of a certain legal relationship, act as its legal content.

Subjective law - the type and extent of possible or permitted behavior of a person guaranteed by law; The basis of subjective law is a legally enforceable possibility. The bearer of the possibility is called empowered.

Legal duty - type and measure of proper or required behavior; The duty is based on a legally established necessity. The bearer of the obligation is called the legally obligated person.

Structure of subjective law

Subjective right - certain legal possibility, but this opportunity is multifaceted, it includes at least four elements:

1. 1. the possibility of positive behavior of the most authorized person, i.e. the right to one's own actions;
   2. the opportunity to demand appropriate behavior from the legally obligated person, i.e. the right to the actions of others;
   3. the ability to resort to state coercion in the event of failure by the opposing party to fulfill its obligations (claim);
   4. the opportunity to use a certain social benefit on the basis of this right.

In other words, subjective right can act as

• • law-conduct,
  • right-claim,
  • right-claim and
  • right-use.

In general, all four components in their unity constitute the content and structure of subjective law as general concept. It serves as a means of satisfying the interests of the authorized person.

Subjective law is the right of the subject of a legal relationship. Here the epithet “subjective” reflects:

• • ownership of the right by the subject;
  • its dependence on the subject.

Subjective law and rule of law

“Subjective right” not only indicates that the right belongs to the subject, but also reflects the fact that the right belonging to the subject depends to a certain extent on his personal desire and discretion, especially in terms of use.

The rule of law is objective: it does not depend on the will and desire of a particular individual, it cannot be disposed of as something personal, individual. Being a general, impersonal, abstract rule, the norm does not and cannot belong to anyone.

A characteristic feature of subjective law is a measure of behavior ensured not only by law, but also by the obligations of other persons. IN otherwise This is not a subjective right, but a simple permissibility (permission, non-prohibition), which follows from the legal order operating in society according to the principle “what is not prohibited is permitted.” Such permissions in Everyday life- countless numbers. For example, no one is forbidden to go for walks, admire nature, swim in the sea, listen to music, play sports, sing, read, write, ride a bicycle, etc., but all these are not subjective rights and they do not constitute content legal relations.

Structure of legal obligation

The structure of legal obligation corresponds to the structure of subjective law, being, as it were, its reverse side, and also includes four components.