Genesis of the structure of legal relations
Abstract
It is noted that the theory of legal relations appears in the form of a wide and diverse array of knowledge and ideas, of course, it can be accepted as the main source that feeds the very process of further development and improvement of their essence, definition and composition. It is emphasized that two categories of social relations were distinguished in the general theory of law and branch sciences: “organized” and “organizational” social relations. The first always arise to achieve certain goals, the second to normalize the processes “being organized”.
Procedural legal relations take the place of the initial, determining element in the composition of procedural proceedings. In turn, procedural proceedings are defined as the main element of the legal process, which is a systemic formation, a complex of interrelated and mutually conditioned procedural actions. Procedural legal relations, which justify the dynamics of material legal relations, in turn, are derived from the latter, have a subordinate, official character in relation to them, perform the role of a kind of procedural “superstructure” over the material-legal “base”.
The peculiarities of the subjects of procedural legal relations can be seen in the following. First of all, procedural legal relations are characterized by the diversity and multiplicity of the composition of subjects, which are divided into, on the one hand, a group directly interested in the results of the legal process, that is, those whose interests are protected, the realization of subjective rights or powers, the fulfillment of legal obligations the whole arsenal of procedural methods, means and techniques helps to avoid or endure legal responsibility, and on the other hand, a group of leading subjects who perform their functions in “other people’s” interests, for the purposes of the case under consideration.
Procedural powers in their “pure” form cannot be classified as either procedural rights or procedural duties. According to its purpose, it is, in a certain sense, a product of the synthesis of rights and obligations. First of all, this is a component of the competence of the relevant state body or official. Possessing procedural powers, they are not only procedurally authorized, but also obliged to perform actions provided for by the procedural law.
The legally binding nature of powers is expressed in certain limits of their rights in relation to other persons and bodies and at the same time entrusting them with the obligation to use the rights granted to them to achieve their goals. It is necessary to take into account the combination of procedural rights and obligations within the limits of procedural powers, their various compositions in specific legal relations, taking into account the dynamism and multi-subjectivity of the latter.
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