The meshanism of the organization of legal communications by means of organizational relations
Автор: Morozov S.Yu.
Журнал: Вестник Пермского университета. Юридические науки @jurvestnik-psu
Рубрика: Трудовое право и право социального обеспечения
Статья в выпуске: 3 (13), 2011 года.
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Article is devoted definition of a role, a place and functions of organizational legal relations in the mechanism of legal regulation. The organizational relation is thus considered as active formation. In article the concept of organization of civil legal relations also is analyzed. Affirms that the condition of organization of legal relations means development of such rules of behavior which by means of an establishment of legal communications allow to combine "activity" i.e. useful efforts of subjects in the optimal and effective image. Except a continuity organization of legal relations assumes an effective combination of legal communications. Actions of participants of organizational legal relations can get the form of operations which represent purposefully carried out set of the interconnected actions and an elementary component of process in which course significant results can be provided. The special attention is given such link of the mechanism of legal regulation, as «organizational legal relations - organized legal relations». Detailed research of work of this link has allowed to stop on features of application in the mechanism of various organizational legal relationship, depending on their specificity. It is proved that features of legal influence the internal elementary legal relationship integrated into structurally difficult legal relationship, and also the obligations arising from civil-law organizational contracts possess. Work of the mechanism of legal regulation in cases when organizational legal relationship is elementary is investigated and is a part of other difficult civil legal relationship. It is proved that the mechanism of legal regulation of behavior of subjects by means of the organizational contract possesses essential specificity. He can't be identified with the mechanism of legal regulation. The basic stages of the mechanism of the organization of relations of the parties by means of the organizational contract are considered.
Mechanism of legal regulation, organizational legal relations, organizational contract, combination of legal communications
Короткий адрес: https://sciup.org/147202067
IDR: 147202067