RUDN Journal of Law (Dec 2015)
Relations and their role in the realization of the right
Abstract
Thе article criticize the concept of the right «is involved» from the standpoint of the general theory of law in the legal rationale for enforcement of the right processes. As the only channel through which the law is brought to life, the legal relations have a complex structure, in the disclosure of which the author presents his own position with respect to its constituent elements. It is proved that the main purpose of relationship is that it acts as a channel-specific implementation of the law. It is proved that the consistency of the individual will with the public, their general thrust contribute to the unity of legal and factual content of these social relations, contribute to the implementation of planned by the legislator to everyday life at all stages of the processes occurring at the same time. Elements of the legal relation are distinguished: legal entities; subjective rights and legal obligations; good behavior; object relationship; legal fact. In the article it is concluded that without these elements, considered in systemic unity with the subjects of legal relations and forms a specific legal integrity called legal relations can not be a theoretical model of enforcement of the right.
