Public relations are a link in the field of law. The most common form is material relations, the characteristics of which will be given in this article.
The concept of legal relations
The rule of law constantly affects human behavior. As a result of this, social relations arise that are protected by state authorities. Relations associated with the rule of law are called legal. They are characterized by the presence of legal obligations and rights of the population.
What signs have a relationship? Specialists in the field of jurisprudence compiled the following series of features:
- the emergence of relations as a result of the impact of positive law on human behavior;
- inextricable relationship with the behavior and activities of people;
- the presence of a rigid relationship between the legal relationship and the rule of law.
So what can we call a legal relationship? This is a stable connection between people, provided by the presence of legal duties and rights. There are procedural, procedural and substantive relations. Material relations will be described later.
Prerequisites for the impact of legal relations
For the emergence of legal relations, the presence of legal prerequisites is necessary. For substantive legal relations, general prerequisites apply, and all the rest - special prerequisites.
What relates to the material conditions for the emergence of legal relations? It is worth highlighting the vital needs and interests of people, under the influence of which legal relations are formed. If we talk about legal relations in a broad sense, it is worth highlighting the system of cultural, economic, social and many circumstances that determine the relationship. The subject of material relations will be what the persons form legal relations about. I must say that the object is also an essential prerequisite.
Can relations be settled by general prerequisites alone? Of course not. Formal legal relations are also necessary for the formation of high-quality legal ties. It is worth highlighting the legal personality, legal norms and legal facts.
The role of substantive relations
The form of legal relations depends on the result of which norm they are. All relations in the field of law, as we have said, can be divided into procedural, material and procedural. The central place here is occupied by material relations. What is the reason for this?
It is material legal relations designed to satisfy the objective needs of people who are at social risk. Satisfaction occurs through the provision of cash, medical or other social services.
Material relations are relative in nature, since powers and responsibilities are assigned immediately to both entities. According to social security relations of a material type are of a property nature. They arise in connection with the provision of services to individuals. However, the considered type of legal relationship should not be confused with civil law relations, in which benefits are not elements of social alimony, but pay for labor.
Relationship Elements
Material relations in law consist of three main elements: this is the subject, object and legal content.Since material relations are connected with social security, the participant here will be a simple individual - a person with or without Russian citizenship. There is also a second side to the relationship. This is the state power in the person of the authorized body. For the occurrence of the legal relations under consideration, it is necessary to have the legal personality - the most important legal quality. Thus, the subject of material relations will be the insured individual. The legislation of Russia states that the subjects may be members of the family of the insured person.
A significant role in the system of legal relations is played by legal facts. They will be described later.
Legal facts
The subject of law should develop into the subject of legal relations, which is provided with social security. However, certain legal consequences must be formed for this - the so-called legal facts. All of them are divided into several types. It is worth highlighting law-changing, terminating and law-forming relations. For the emergence of law-forming legal relations, the presence of certain factors is necessary:
- disability;
- reaching a certain age;
- birth of a child;
- state of temporary disability.
There must also be a reason for the law-changing facts. This is a change in the disability group, an increase in retirement capital and some other circumstances. Ending factors are associated with the end of social security relations. This may be the death of the subject, the restoration of the state of disability.
Object of legal relations
Material and procedural legal relations have a single object - these are various kinds of phenomena and events about which legal ties are formed. The object indicates the purpose for which legal relations are formed.
Legal experts provide different interpretations of the concept of "object of legal relationship." Some talk about the needs of the subject. This may be allowance, benefits or compensation, medical or medicinal assistance, and much more. Thus, the service itself, as well as the need for the subject, is an object of legal relations - an element for which everything was started. Other specialists define the object as a separate legal action, which should be implemented by a state body. This, for example, providing data about your person, signing documentation.
Based on the two concepts presented above, it would be logical to define an object as a certain set of needs and actions. All that for the sake of which material and legal relations arise is called an object.
The content of material relations
What unites material and procedural legal relations? Lawyers talk about the presence in both areas of the subject, object, as well as content. The content includes duties and rights that form the legitimate type of behavior of the subjects.
Rights and powers in this area are vested in an individual. Legal responsibilities are assigned to the competent authority, which implements social security. Responsibilities and powers are closely related. In fact, they correspond to each other: the emergence of a need for social benefits creates the need to confirm this need, and confirmation entails satisfaction.
The absence of a corresponding link between rights and obligations would simply destroy the entire legal content. That is why for both sides of the process a common obligation is established in maintaining all legal ties.
Types of substantive legal relations
There are two types of material relations. The first group is related to cash collateral, and the second to natural security.Money is provided to working people, as well as citizens dependent on the state. Natural relations are classified into three main groups:
- relationship regarding benefits;
- pension relationship;
- relationship regarding compensation.
In our country, there is no single material legal relationship for social security with which it would be possible to exercise powers immediately for all types of services. That is why most of the services in Russia are divided into types and subspecies. Thus, pension relations are classified into the following groups:
- on disability;
- for length of service;
- on the occasion of the loss of the breadwinner;
- by old age.
All benefits are divided into periodic, one-time and monthly. At the same time, the subjects of legal relations related to benefits can be both able-bodied and disabled citizens.
Types of material support
A little more is worth telling about the result of material relations. Almost all legal relations preserve the nutritional nature. Alimentality is the provision of social assistance from the state. The right to such assistance arises among the poor, regardless of participation in labor or any other activity. It is worth noting that not all legal relations have preserved nutritional nature. In the 90s, the state system of Russia was subjected to considerable changes, and therefore some legal ties acquired a different, purely capitalist character.
Types of material relations can be divided into several groups depending on the type of security. It is worth highlighting pension and social benefits, as well as social services. To implement all types of security, both sides of the relationship must fulfill their responsibilities in a quality manner.
Social Security
Services, benefits, cash payments - all this and much more belongs to the category of social security. The provision of services is the most important component of material relations. In real life, such relationships arise and are implemented almost constantly: individuals with the right to social security apply to the relevant state bodies with relevant requests.
The object of material relations is a specific good, due to which social relations and relations arise. A significant role here is played by two other types of legal relations: procedural and procedural.
Legal proceedings are called social relations arising on the basis of relations of a material nature. They imply a procedure for the exercise of rights and obligations by subjects of legal relations. Different types of legal cases can be resolved here: civil-procedural, administrative-procedural, criminal-procedural. Relations of a procedural type cannot arise in the absence of procedural rules of law.
Classification of legal relations
Legal and material relations of a legal nature are classified according to different types and forms. Relations can be relative and absolute. In relative, all participants are defined: these are obligated and authorized persons. A simple example: a contractor and a customer, a seller and a buyer.
Absolute legal relations contain only one subject, which is the bearer of subjective law. All other persons are obligated; they must not impede the exercise of the right by an authorized person. For example, copyright or inventive rights.
Finally, the material and procedural legal relations are divided into general and specific. In general terms, all citizens of the state have appropriate legal ties. In concrete relations, we are talking about individuals: buyers and sellers, plaintiffs and defendants.