The concept and types of legal relations. Types of administrative relations

People in society interact with each other, entering into various relationships: religious, political, personal and others. Among all their diversity, there are categories that require legal regulation. Next, we consider the concept and types of legal relations.

Definition

Social interactions are certain relationships that arise between social groups and individuals in the course of their life. Legal relations are a category that is regulated by legal norms. Each of the participants in this case has its own capabilities and responsibilities. They are determined at the legislative level. Given the above, we can say that the legal relationship is such a social interaction, which is formed on the basis of mutual responsibilities and the rights of its participants.

Structure

The legal relationship includes several elements. In particular, it is customary to distinguish:

• Content. It includes legal obligations and opportunities of the parties.
• An object. This category includes intangible and material goods, which are the reason for the emergence of interaction.
• Subjects These include participants in interactions.

There are different types of subjects of legal relations. In particular, the interaction may include:

• People who are not citizens of the country.
• Entrepreneurs.
• Citizens.
• State bodies.
• Firms.
• Cooperatives.
• Enterprises and others.

Classification

The types of legal relations are determined depending on various grounds. In particular:

By industry. Here we are talking directly about the subject of regulation. In particular, they distinguish such basic types of legal relations as:

• Labor. They are related to the working activities of people, organizations. They arise on the basis of contracts, agreements, contracts. The parties are the employer and the employee. The latter has certain rights (to receive a salary, to have social guarantees, etc.) and obligations (to perform tasks in accordance with the job description). The employer must also pay for labor, may require discipline, and so on.
• Administrative. This category is related to the functioning of executive bodies.
• Types of criminal law relations. They are regulated by the norms of the Code of Criminal Procedure, Federal Law, and the Basic Law of the country.
• Civilians. They involve various legal entities and individuals, government agencies and others.

By the degree of influence on the participants. This category includes such types of legal relations as:

• Material (labor, various types of financial and legal relations and others). They determine the capabilities and responsibilities of participants.
• Empowering.
• Procedural. These types of legal relations govern the sequence of procedures, the form and measure of legal liability.

In accordance with the characteristic of reciprocity regulatory communication. In this category there are:

• Unidirectional. In this case, one participant has rights, and the other has duties.
• Cross. In such interactions, both parties have both responsibilities and opportunities.

By functional value. In this category, there are such types of legal relations as:

• Regulatory. They are aimed at managing the actions of the parties.
• Security. These relations are related to ensuring the protection of the rights and legal interests of participants, the prohibition of inaction or the commission of certain actions.This category of interactions is supported by the implementation of responsibility and state coercion.

In accordance with the composition. In this category, there are such types of legal relations as:

• Simple. They are established between 2 participants (for example, a gift or sale contract).
• Complicated. These relationships are formed between several parties.

By duration of action. In accordance with the duration, there are:

• Short-term.
• Long term.

By the degree of connection with the object. This category includes such interactions as:

• Direct (e.g. lease agreement).
• Indirect (assignment of claims, sublease, sale of debts, etc.).

Level of certainty of participants

In accordance with this criterion distinguish between general, absolute and relative legal relations. In the latter case, all participants are determined specifically (by name). In absolute relations, only the eligible party is exactly known. At the same time, all probable subjects act as obligated, who are ordered to refrain from taking certain actions that may infringe on the freedom and personal interests of another participant. The question of highlighting general regulatory (general) legal relations remains debatable. According to some experts, such a department is not convincing enough. Other authors believe that the general category includes legal relations of a high level. For example, these are relations of the state with the public, citizen. According to the same authors, the general relationship should include legal relations between individuals on issues of guaranteeing and realization of the main personal freedoms and human rights (to life, security, respect, etc.) and obligations that are determined by the Constitution (compliance with the law, for example). These relations can be considered the basis for the formation of industry categories.

Types, subjects of constitutional legal relations

As mentioned above, interactions are divided into certain categories according to industry characteristics. A special place among them is occupied by types of constitutional-legal relations. This is due to the fact that the norms by which they are regulated concern the most important aspects of life in the state. Types of constitutional legal relations have their own specifics. They are divided into two volumetric groups. The first, which some scientists call individual, includes interactions between individuals. The main participants in this case are considered to be citizens. This is due to the fact that it is them legal obligations and opportunities are clearly established by the norms of the Basic Law of the state. However, another category is considered equally important. It includes interactions in which quasi- and non-citizens participate (foreign nationals, people without and with several citizenships). The second large group includes relations that are established between collective participants. The state, as well as its bodies and units, acts as the leading subject of these legal relations. Non-commercial type public organizations (unions, parties, non-governmental associations) also participate in these interactions. The same group includes different types of municipal legal relations. In them, the leading participants are the bodies of territorial self-government.

Additional division

For a clearer understanding of constitutional legal relations, they should be divided into categories. Most scientists use a three-stage classification: in essence norms (material, procedural), duration of action (permanent, temporary), according to the purpose of adoption (law enforcement and legal). All of these categories are considered classic. However, it is possible to divide the legal relations under consideration in other ways. For example, the content of interactions can serve as a criterion.On this basis, it is possible to distinguish such types of legal relations as specified by special legislation related to the procedure for holding elections, division into constituencies, and so on. Simply put, this classification is based on the nature of the sources of connections.

Personal non-property and property interactions

These are the types of civil law relations. Personal non-property and property relations are regulated by relevant standards. They are the Civil Code, the Constitution and other acts. The participants in these interactions have mutual responsibilities and opportunities. The subjects here are individuals, organizations, municipalities, the Russian Federation itself, its regions and so on. The object of these relations is considered material benefit. In relation to him there are subjective duties and rights. In this category of relationships, several subgroups are distinguished. They are classified according to various criteria. As a rule, such civil law relations as absolute and relative, substantive and obligatory are distinguished. The division into property and non-property types is based on the presence or absence of economic content. In particular, the latter relate to relations related to personal rights and freedoms. Property relations arise, for example, in the presence of property. As for the division into proprietary and mandatory types, in the first case, the subject has the ability to dispose of property in accordance with their preferences and interests. In the obligatory interaction, one side has the opportunity to require the other to carry out any actions. This type of relationship is considered relative.

Types of administrative relations

Their content includes two sides. The first is legal. It consists of duties and rights. The second side is material. The object is volitional behavior, human action. Types of administrative-legal relations have all the existing common features. Among their main features, it should be noted that one of the parties is always necessarily a government body or official. On her part, the implementation of the authority granted is carried out. The majority of disputes are resolved administratively. The participants in these legal relations are not equal in status. Administrative and legal relations are divided into external and internal. The latter appear in connection with the activities of officials, the structural functioning of the authorities. External administrative legal relations arise as a result of the implementation of managerial tasks. In this category, subordinate and coordination interactions are also distinguished. The former are built in accordance with the authoritarian legal will of the parties. In coordination legal relations this attribute is absent. In accordance with the legal nature, horizontal and vertical ties are distinguished. In the latter case, the management entity has the authority to directly influence another person. In horizontal interactions, the parties are virtually and legally equal.

Specificity

Administrative and legal relations are regulated by fixing the relevant norms in the legislation. General provisions are contained in the Basic Law of the country. The Code of Administrative Offenses acts as the main regulatory act in this area. The provisions precisely determine the composition of legal relations, their capabilities and responsibilities. The interests of the parties may be defended in court. However, as a rule, the decision is made by the subject of management. He has the ability to refuse a request, give instructions, demand an explanation, use disciplinary means.In the framework of administrative legal relations, liability does not appear to another participant. It is formed immediately in front of the state. Administrative relations can be formed both as a result of legitimate and unlawful acts. The first group, for example, includes filing complaints about the actions of the executive body. In the second case, the commission of an administrative offense by a person can be called.

Special interactions

As mentioned above, the basis for the emergence of legal relations may be a violation of the law. There is a specific category within which it is determined which actions are criminal and which punishment should follow. This, in particular, is about the criminal law sphere. Interactions within its limits are regulated by the rules of the CPC. Such legal relations are formed not at the will of their parties. Participants in such interactions are clearly defined in law. Criminal law in this matter precludes freedom of choice. The parties to these interactions are a person who has violated the law (committed a crime) and the state body (official). The latter applies the rules of the CPC. Authorized officials or state bodies in this case include the court, prosecutor, investigative units, etc.