Legal relationship as a form of expression and realization of legal interest
Автор: Burmistrova S.A.
Журнал: Вестник Южно-Уральского государственного университета. Серия: Право @vestnik-susu-law
Рубрика: Проблемы и вопросы теории государства и права, конституционного и административного права
Статья в выпуске: 3 т.18, 2018 года.
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The article is devoted to the study of the correlation of subjective rights and legal interests as independent legal permissions. With the support of the general theory of legal relations and the achievement of the theory of legitimate interests, the author's approach is based on the idea that legal interests have the form of expression and realization in legal relationship. The structure of the legal relationship on the implementation of legal interests is disclosed, an analysis of each of its elements is carried out, a characteristic is given to the legal facts that generate and terminate such legal relationship. It is substantiated that the structural difference of subjective rights and legal interests consists in the absence in the legal interest of the right to use the social good that is the object of interest, which generates the essential difference of legal interests from subjective rights as permissions in which the attempt of behavior of an interested person, to meet the need, but not its result. The argumentation of the author's conclusions is supported by examples from the current legislation.
Legal interests, legal interest, subjective rights, legal relationship, protection of legal interests
Короткий адрес: https://sciup.org/147231403
IDR: 147231403 | DOI: 10.14529/law180310