In a civilized society, one cannot do without a mechanism that regulates the legal side of people's lives. Increasing productive forces, constantly arising new tasks of cultural and social development, and much more require coordination, orderliness, and coordination. One of the characteristic processes of human life is considered to be the strengthening of the importance and role of the legal system. The order in the state to a large extent depends on the full and complete observance of the rule of law. The implementation of this task is carried out through existing regulations.
Law and Legal Relationship
Almost all interactions between people are regulated by regulatory acts. As a result, relations take on a legal form. In this case, there is compliance with regulatory acts, the absence of contradictions to state will. In this regard, we can say that legal relations are a special form of interaction between certain entities. The latter, acting as participants, have mutual responsibilities and opportunities guaranteed by the state. The basis of legal relations is the law.
Important point
It should be noted that in human life, interactions between individuals first appear. Not all of them may have a legal basis. However, there are interactions that appear exclusively within the framework of the law. In another form, they cannot exist. For example, they include constitutional, criminal or administrative legal relations. In other words, we can say that not every social interaction can be within the framework of the law. However, at the same time, any legal relationship is public. Consider the latter category in more detail. We will also analyze the very concept and types of legal relations.
Regulatory System: General
Considering the concept and types of legal relations, it should be said that the term itself appeared in ancient Rome about 2 thousand years ago. Today, many interactions are regulated by certain norms, which, in turn, are part of the customs, traditions, acts of various public associations. However, as was said above, the emergence of legal relations is connected with the application of the law. It enshrined and expressed the state will.
A rule of law is a general rule. It is directed to an indefinite number of persons personally and is designed for reuse. When certain circumstances or conditions appear from an abstract rule, the norm turns into a concrete model of one-time application for a particular life situation. In general form, it contains the composition of participants in regulated interaction, as well as their responsibilities and capabilities. Actual social and legal relations are rather closely interconnected. In the latter there is a specification of the norm. Legal relationship appears under certain conditions between specific entities. Then it affects the social interaction between them.
Learning Approaches
The definition can be considered both in a narrow and a wide sense. In the first case, the legal relationship should be understood as a kind of social interaction, which is regulated by the norm. There is a certain order for its participants to fulfill their duties and capabilities.He, in turn, is guaranteed and protected by the state through the relevant authorities. Simply put, in a narrow sense, legal relations should be called the norm in action. The parties to interactions have different statuses.
So, participants who have rights are called authorized. Those who have duties are obligated. Revealing the concept and types of legal relations in a broad sense, it should be noted that they represent a special form of social interaction that arises before the law. The realization by its participants of their duties and capabilities is carried out in order to satisfy their interests and needs in the manner permitted by law. Such interactions act as a source of legal norms, form a public and, therefore, state will. 
System development
Legal publications often focus on the fact that the concept and types of legal relations have historically evolved as a complex of opportunities and responsibilities, which are reflected in the norms. In early class states and Anglo-Saxon systems, judges who encounter particular cases resolve them in accordance with a precedent. The lawmaker later formulates the norm. In post-totalitarian states, the principle that everything that is not prohibited by law is permitted is valid.
Signs
The structure of legal relations has its own characteristics. These include, in particular:
- Dependence on norms. For example, administrative legal relations appear through the relevant acts. Norms give rise to interactions and are implemented through them.
- The relationship of the participants. The subjects of legal relations appear to each other as people endowed with certain statuses, they are interconnected by legal opportunities and obligations.
- Strong-willed character. First of all, this indicates that the state position is reflected in the norms. Besides of this, legal relationship, even if there is a legal rule, they cannot automatically appear and act further without the will of the parties. Only in exceptional cases can a person not know that he has become one of the participants. For example, this can happen at the death of relatives living in another region.
- Provision of state protection. Just like law, legal relations are protected by the authorities. Other interactions do not have this protection.
- Individualization of subjects. In the framework of the interaction, the mutual behavior of the parties is strictly defined, there is a personification of responsibilities and opportunities.
- Two-sidedness. Legal relationship is always the interaction of at least 2 participants.
- The object is a real good.
Prerequisites for the emergence
Legal relations give rise to special factors, conditions. There are two types of premises: social and legislative. The former are considered as conditions for the formation of any interactions. These include, in particular:
- The whole complex of political, economic, spiritual, social factors requiring regulatory regulation. In particular, this applies to family relationships. In this case, the provisions of the Civil Code, Federal Laws act as regulatory standards. The rules governing family relations are also present in the Constitution. The scope of economic interactions is quite extensive. It is associated with many areas of human life. For example, tax relations are very relevant. They concern both the welfare of citizens and the state as a whole. Tax relations are regulated by the corresponding Code.
- The presence of an object, which is the reason for the start of interaction.
- Social factors include the vital needs and interests of people. For example, labor relations appear when a person’s desire to have any material wealth. To do this, he gets a job, signs a contract, observes a certain discipline. Labor relations are regulated by the Labor Code, the Constitution and other regulatory acts related to this and some other legislative areas.
Legal prerequisites are as follows:
- Norms They are binding general rules fixed in a state official act. The subjects of legal relations, thus, acquire their mutual responsibilities and opportunities through norms.
- Actual circumstances with which the beginning, change or termination of interactions may be associated.
- Legal personality. It represents an abstract opportunity of an individual to possess rights and obligations. It is fixed in law.
Industry classification
There are various types of legal relationships. They are classified depending on the causes of the appearance or other signs. So, depending on the industry, such types of legal relations are distinguished as:
- State.
- Administrative.
- Criminal
- Civil and others.
The last category is worth dwelling in more detail. Being unified in essence, the types of civil relations are determined in accordance with the reasons for their appearance. It is worth noting that the same interaction can belong to different categories, depending on the chosen criterion. So, for example, land legal relations of property are considered property content.
In their composition, they are absolute. If we consider the land legal relations of property by the method of satisfying interests, then they are considered material. In general, classification is not only of theoretical importance. Due to the fact that all types of civil relations are endowed with common features, the correct qualification of a certain interaction allows us to study its essence more deeply and apply the most appropriate legislative structures to it.
Other classification
In accordance with the function of law, legal relations are distinguished:
- Regulatory. They appear when available. legal fact and norms. They also arise on the basis of agreements between the parties, arise from the legitimate actions of participants.
- Security. These legal relations arise from the facts of unlawful actions of the parties. They are associated with the formation and subsequent application of responsibility, which is provided for in the sanction of a legal norm.
In accordance with the degree of certainty of the subjects, the following are distinguished:
- Absolute legal relationship. In this case, one side is defined. As her acts the bearer of law. All other parties must refrain from infringing on his interests.
- Relative legal relationship. They define two sides. This, for example, can be a seller and a buyer, a creditor and a debtor.
- General regulatory relations. They characterize interactions at a higher level between people and the state, as well as between the former on issues of realization and guaranteeing individual freedoms.
The nature of the duties distinguish such legal relations as:
- Active. In them, the obligation consists in the need to carry out specific activities in favor of the authorized person.
- Passive. They abstain from undesirable behavior.
Legal relationships may arise between:
- Government bodies.
- By citizens.
- People and the state.
- State body and private (legal) person.
In accordance with the distribution of responsibilities and opportunities distinguish:
- Unilateral legal relationship. In them, each side is endowed with either responsibilities or opportunities. This occurs when, for example, a loan or gift agreement is entered into.
- Bilateral legal relationship. In this case, opportunities and responsibilities are given to both parties at once. This takes place during the execution of a contract of sale, for example.
Depending on the degree of complexity, legal relations are classified into:
- Simple. Two subjects participate in them.
- Complicated. These relationships arise between several or unlimited number of entities.
In accordance with the validity period, distinguish between long and short-term interactions.
Relationship structure: participants
There is no precise definition of the parties to interactions in the law. However, the definition of "subject of law" is developed within the framework of science. It is a participant — an organization or an individual — who may have responsibilities and capabilities. Often, each of the parties is simultaneously a legally bound and authorized participant. As you know, in the past, not all people could be recognized as participants in the interactions under consideration. For example, slaves acted as an object of law. They were items of sale. Today, regardless of industry, there are 2 groups of subjects. These include:
- Individuals. These are citizens who do not have or have two citizenships, foreigners.
- Legal entities. These include the state and its bodies, institutions and enterprises, public associations and others.
Individuals
Legal personality is vested in all participants in the relationship in question, regardless of their species affiliation. It acts as an opportunity (ability) to be a party to the interaction and is provided for by the norms. The legal personality of an individual consists of three links. It:
- Tortoise.
- Legality
- Legal capacity.
Legal personality is a means of determining the circle of participants in civil relations with the ability to act as carriers of duties and opportunities.
Interaction Objects
This category characterizes everything that the responsibilities and capabilities of subjects of legal relations are directed to. There are 2 theories regarding the objects of the interactions under consideration:
1. Monistic. It is reflected in the writings of Joffe. He said that the object of legal relations should have the ability to respond to the impact. Due to the fact that only a person is endowed with this opportunity, it should be considered the only object of duties and opportunities.
2. Pluralistic. Her supporters talk about the diversity of objects. They insist that in the legal relationship there are:
- Intangible goods. These include life and health, honor, authorship, name, reputation, dignity, and so on.
- Material wealth. This category includes values, things, commodities, property, means of production and others.
- Actions and behavior of the side of interactions. It develops in accordance with procedural and civil standards. For example, it can be a testimony, appearance at the request of the competent authorities and so on.
- Various services and the results of their provision. This category includes the contract of carriage, performance at a concert, etc.
- Products of intellectual activity and spiritual creativity. This category includes works of art, literature, computer programs and more.
- Official documents and securities. These include bonds, money, lottery tickets, passport and more.
Content Interactions
It acts as the actual behavior of the parties to the legal relationship. The contents of interactions are responsibilities and opportunities. The subjective law is the measure of acceptable behavior of the interaction party established by the norms. It is provided by the state and protected by it. Subjective law - the ability of the participant to satisfy, at its discretion, those interests that are provided for by objective law.
In this case, we are talking about certain opportunities that are provided to a group or an individual by norms to achieve the goals that they face, satisfy interests and needs. The essence is the guaranteed ability to perform specific actions. A legal obligation is a measure of the proper conduct of the obligated participant. It is subject to regulatory requirements and provided with the possibility of coercion by the state. If a person can refuse from subjective law, then it is impossible to evade the obligation. She has three forms of manifestation. In particular, it may be an obligation:
- Passive behavior.
- To endure state measures of influence - to be punished.
- Take your own actions.
For example, the seller is obliged to give the paid goods, to refrain from insulting the buyer, and so on. As mentioned above, in practice, the parties most often have both obligations and subjective rights. These two categories interact quite closely and influence each other. In many legal relations, the capabilities of an authorized person can be realized solely through the commission of active actions required by law.
