Among the large number of terms and definitions in the legislation there is the concept of "subjective law", which recognizes the claims of the individual for certain benefits and any form of behavior. This right may determine the limits of acceptable behavior regulating relations in society. But it is not able to exist separately from other legal structures. So, subjective rights and obligations will always be closely related.
Like any other special term, the named one has a decrypted definition. So what is subjective law, and where can one find its most accurate interpretation? Let's get it right.
Interpretation of the wording of subjective law
First, let’s try to figure out what subjective law is and what responsibilities correspond with it. This is necessary, because in proceedings there are always two parties: the plaintiff (authorized) and the defendant (liable), each of which has its own element of relationship.
Subjective legal law is a criterion of permissible actions of a citizen, which are established by legal standards and satisfy someone’s interests (authorized), they are guaranteed by the state.
Subjective legal obligation is a criterion for the demanded behavior of a citizen (liable), it is approved by legislative standards, provided at the state level.
To the question of what subjective law is, any legal dictionary can give an answer. This is the given and protected by the state freedom of the subject in reimbursement of those interests that are provided for him by law or contract. And it is so named because its execution depends on the desire of a certain person.
It should be remembered that the concept of subjective law, each scientist and each dictionary gives its own, based, of course, on the law.
Exercise of subjective law is possible only through the obligation of the other party. This can be both the performance of certain actions, and the abandonment of them by the obligated person. First of all, it provides guarantees for self-realization, the normative possibility of expressing one’s interests through the use of these rights (for example, obtaining 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 have the right 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 a framework for the implementation of such privileges.
Relationship Elements
Based on the foregoing, we can argue that legal relations included the following components:
- Subjective rights and legal obligations form the content of the relations formed on the basis of legislation.
- Their participants are authorized and liable.
- These are objects of legislation.
Subjective legal law, legal obligation form the content of subjective law. This claim allows you to want something from other citizens, apply some actions of legal significance, choose the available options. Through the duties assigned to another citizen (the required norms of behavior), the legislator ensures the subjective rights of each member of the society. The circle of these duties is unquestionable, unequivocal (different options are not interpreted), and is provided with legal mechanisms.
Varieties of subjective law
The following types of subjective law are distinguished:
- Containing any one requirement (to vacate a place in public transport, where people with disabilities or passengers with children can be located; pay a debt, arrange for the transfer of property, compensate the tax arrears). The legal obligation is assigned to the citizen, from whom something is required, and subjective law is implied as a means to ensure the obligation (to pay taxes, for example).
- Allowing the opportunity to be active through one’s own actions (file a lawsuit, speak at a rally, sell or donate property). Legal responsibilities are assigned to citizens who provide legislative standards (accept a lawsuit, do not interfere with the disposal of property).
- The right to satisfy material and spiritual needs through the use of social values (benefits).
- The right to defense by legal authorities when the rights of a citizen are violated.
Legal obligation
Legal obligation means:
- Coordination of actions on the part of the object with the requirements presented, protecting the interests of other citizens.
- Committing active positive deeds to the opposite side.
- Abstinence from actions that fall under the prohibition of legal norms.
Property Relations
In property relations, the following rights are distinguished:
- Proprietary, when a person is directly connected with the object, actively manifesting himself in this (for example, owns property rights, uses and disposes of the thing).
- Obligatory, in which citizens who have certain rights (contracts, for example) can achieve property results not themselves, but through the obligations of others.
In which cases there is no legal issue
Subjective law is usually supported by a legal obligation prescribed by law. So, the citizens of our country can get an education, and no authority can deprive them of this privilege. This obligation is provided for by the Constitution of the Russian Federation and the law "On Education". And the right of the police to check ID documents requires citizens to submit what is required.
When the obligation is not explicitly stated, we are talking about a simple permit, which can be formulated as follows: "All that is not forbidden is allowed." For example, walking around the city, getting animals, picking mushrooms and berries. In these situations, no one is legally obligated to take people who wish to the gathering place of mushrooms, to provide the desired animals - there is no legal issue.
Subjective rights and legal duties are closely interrelated and determine each other. Between the authorized and the liable there is a connection called the legal relationship - this is what characterizes our society and the state.
A bit about relationships
There are also some special divisions of legal relations. For example, they can be absolute and relative. In many ways, such a division is built precisely on subjective law and legal obligations.
Thus, in absolute legal relations, a subject endowed with a privilege “opposes” an indefinite circle of persons. In relative, all participants are clearly defined. As an example, ownership refers to the first category, and contract law, in general, to the second. In order to clearly understand such divisions, you need to know what subjective law is and what is a legal obligation.