Гуманитарные и юридические исследования (Sep 2021)
LEGAL AND FACTUAL PROPERTIES OF THE CONTRACT FOR THE PROVISION OF SECURITY SERVICES
Abstract
The relevance of the topic is explained by the active development of a new type of entrepreneurship - security activities and, as a consequence, its actual impact on participants in civil turnover. The activity under study has constitutional, civil, socioeconomic, law enforcement and other aspects that directly affect the contract for the provision of security services, which is a legal fact of the said activity. As an element of the research methodology, it is noted that the legal regulation of security activities depends on the state of public relations at certain stages of state development. The modern transformation of public-law security activity into a type of entrepreneurship requires the study of the legal and factual properties of the contract for the provision of security services, through which this activity is a process of implementation and protection of civil rights. Conducting such research is the purpose of the publication. The author's idea is aimed at setting and solving problems to identify the initial prerequisites for achieving the goal - the legal nature of entrepreneurial security activities, signs and properties of the contract as a legal fact of its occurrence and determining its place in the classification system of such facts. In the course of the study, new scientiic results were obtained in the ield under study. In particular, it is argued that the legal and factual properties of the contract are «legality», «validity» and focus on the emergence, development and termination of relations of security activities. It is concluded that the legal and factual properties of the contract are manifested in the recognition of its volitional positive lawful action, which is performed in the form of a legal act that affects the dynamics of the relevant relations. The features of the studied properties of the contract are established, which are manifested in its ability to act in civil circulation as a legal fact of title, law-changing and law-breaking.
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