Civil legal relationship in the mechanism of regulation
Creators: name: Kostruba, Anatoliy
Publisher: name: figshare
Year: 2020
Subjects: subject: 180121 Legal Practice, Lawyering and the Legal Profession
subject: FOS: Law
subject: 180124 Property Law (excl. Intellectual Property Law)
subject: Law
subject: 180104 Civil Law and Procedure
subject: 220204 History and Philosophy of Law and Justice
subject: FOS: Philosophy, ethics and religion
subject: 180119 Law and Society
subject: 180105 Commercial and Contract Law
subject: 189999 Law and Legal Studies not elsewhere classified

description: The article is devoted to the analysis of place and importance of civil legal relationship in the mechanism of regulation. The author notes that being an integrated system of elements mechanism of legal regulation in general able to lead to consequences that can not be caused by its individual elements themselves. In this regard all the elements of the mechanism of legal regulation of the relationship are connected between themselves and influence each other in some way.The views on the mechanism of legal regulation of property relations are considered in thearticle. In particular, the author notes that mechanism of regulation can be described in narrowand wide senses. In the narrow sense it is a combination of some elements – legal facts, acts ofright evaluation, legal rules and legal relationships that in aggregate are able to achieve the goalof the legal regulation of property relations. This vision devoid of the emotional component andrepresents the mechanism of regulation in purely instrumental character. In turn, in wide sensethe mechanism of regulation in addition to the listed elements is supplements with various«emotionally and psychological» elements, such as sense of justice, legal culture and more.It is noted that the original and fundamental basis of the legal regulation of property relationsis the rule of law. Other elements of the mechanism of regulation have secondary nature in relationto this element. In turn, the relationship is nothing but a shell of existence and legal formof public relations.The author considers that the dynamics of relationships is determines by two major legalfacts – beginner and concluding. Beginner legal fact is a legal model of behavior that is fixed inthe rule of law and that can be the reason for the occurrence of the relevant legal relationships.Prior to the rise of this legal fact a rule of law has the character of unrealized model of behavior.The concluding legal fact is actually the accident of reality that terminates the existence of legalrelations.It is proved that the beginner legal fact has place out of legal relationship because at the timeof its occurrence such relation does not exist. And vice versa – the concluding legal fact hasplace within the time of existence of legal relationships because such an existence is the sinequanonecircumstance for the conclusion.Beginner and concluding legal facts make accordingly the origination and deprivation influenceover the legal relationships while all other legal facts within these relationships regardlessof its nature has right-modifying character because they only lead to the modification or terminationof the rights and duties of the parts of relationship.Its determined that all legal actions of the participants within the existence of the relationship(within the period between the beginner and concluding legal facts) may be in the form of legalfact or acts of right evaluation. It depends on consequences to which such actions can lead.The author proves that legal relationship in the mechanism of regulation can be seen as a goal of its functioning, the indicator of its efficiency, its element and the form of existence of public relations.<br>