What is the subjective right? Types of subjective law

Among a large number of terms and definitionsin the legislation there is a notion of "subjective right" that recognizes the claim of the individual to certain goods and some form of behavior. This right can determine the limits of permissible behavior regulating relations in society. But it can not exist separately from other legal constructions. Thus, subjective rights and duties will always be closely related.

Like any other special term, the name has a deciphered definition. So what is the subjective right, and where can you find its most accurate interpretation? Let's understand.

Interpretations of the formulation of subjective law

First, let's try to figure out what issubjective law, and what correspondences with it. This is necessary, because in proceedings there are always two sides: the plaintiff (authorized) and the defendant (eligible), each of which has its own element of relations.

Subjective legal law - the criterionsolvable actions of the citizen, which are established by legal norms and satisfy someone's interests (authorized), they are guaranteed by the state.

The subjective legal duty is a criterion of the claimed behavior of a citizen (eligible person), it is approved by legislative standards, provided at the state level.

To the question, what is the subjective right, the answercan give any legal dictionary. This is the freedom of the subject, protected by the state, to reimburse those interests that are provided for it by law or by agreement. And it is named so because its execution depends on the desire of a certain person.

It should be remembered that the notion of subjective law each scientist and each dictionary gives its own, based, of course, on the law.

It is possible to exercise subjective right onlythrough the commitment of the other party. This can be both the performance of certain actions, and the refusal of them by an obligated person. First and foremost, it provides guarantees for self-fulfillment, a normative opportunity to express one's interests through the use of these rights (for example, higher education). This right also provides for communication with a certain person, depending on his will and consciousness, but not contrary to the law.

All citizens of the Russian Federation are entitled to work,rest, health protection, property. All organizations and institutions, for example, may have property, carry out their activities in any area. That is, subjective law is a system of freedoms and privileges of citizens, approved by law, belonging to any person from birth, and it always refers to the real subject. But at the same time there are certain norms, prohibitions and limits for the implementation of such privileges.

Elements of legal relations

Proceeding from the foregoing, we can assert that legal relations included the following components:

1. Subjective rights and legal obligations form the content of the relations formed on the basis of legislation.
2. Participants are - authorized and eligible.
3. These are objects of legislation.

Subjective legal, legalduty form the content of subjective law. This claim allows one to desire something from other citizens, to apply certain actions of legal significance, to choose the available options. Through the duties assigned to another citizen (the required standards of conduct), the legislator ensures the subjective rights of each member of society. The scope of these duties is unquestionable, unambiguous (different options are not treated), it is provided with legal mechanisms.

Varieties of subjective law

Are allocated such kinds of the subjective right:

1. Containing any one requirement (to releaseplace in public transport, where disabled persons or passengers with children may be located; to pay the debt, to issue the transfer of property, to compensate the arrears for the tax). The legal duty is assigned to the citizen, from which something is demanded, and the subjective right is meant as a means to ensure the obligation (pay taxes, for example).
2. Enabling to be active throughown actions (to sue in court, speak at a rally, sell or donate property). Legal responsibilities are placed on citizens who provide legislative norms (to accept a lawsuit, not to interfere with the disposal of property).
3. The right to meet material and spiritual needs through the use of social values ​​(blessings).
4. The right to protection by legal authorities when the rights of a citizen are violated.

Legal duty

The legal obligation is:

1. Coordination of actions on the part of the object with the demands placed on protecting the interests of other citizens.
2. Commitment of active positive actions towards the opposite side.
3. Abstention from actions that fall under the prohibition of legal norms.

Property relations

In property relations the following rights are distinguished:

1. Real when the person is directly connected with the object, actively manifesting himself in this (for example, owns the property, uses and disposes of the thing).
2. Obligatory, in which citizens who have certain rights (contract, for example) can achieve property results not themselves, but through the obligations of others.

In which cases there is no legal issue

The subjective right, usually, is backed uplegal obligation, prescribed in legislative acts. Thus, citizens of our country can be educated, and no authority can deprive them of this privilege. This duty is stipulated by the Constitution of the Russian Federation and the law "On Education". And the right of the police to check documents for an identity card obliges citizens to submit the required.

When a direct duty is not prescribed, it is aboutsimple permission, which can be formulated as follows: "everything that is not forbidden is allowed." For example, to walk around the city, start animals, collect mushrooms and berries. In these situations, no one is legally obliged to bring up those who wish to the site of assembly of mushrooms, provide the desired animals - there is no legal issue.

Subjective rights and legal obligationsclosely interrelated and cause each other. Between the empowered and the right-bound there is a relationship, called legal relationship, - this is what characterizes our society and the state.

A little about relationships

There are also some special divisionslegal relations. For example, they can be absolute and relative. In many ways, this division is based on subjective law and legal obligation.

So, in absolute legal relations the subject,endowed with privilege, "confronts" an indefinite circle of persons. In relative, all participants are clearly defined. As an example - the right of property belongs to the first category, and contract law, in general, to the second. In order to clearly understand such divisions, it is necessary to know what is subjective law, and what is the legal duty.