Legal Relations: Оccurrence and Regulation

Abstract

Introduction. This article continues the discussion regarding “actual” legal relations and the regulators of “actual” legal relations. Theoretical Basis. Methods. Scientific knowledge for this article has been established using wellknown researches of the subject made by Russian and foreign authors, and criticisms of outdated provisions based on positivism. The author’s argument is supported by references to the works of not only legal scholars, but also representatives of other sciences (N. Wiener, N. I. Zhukov, L. A. Petrushenko, etc.) The study was conducted from the perspective of an integrative legal understanding. The methodology of general scientific character (formal logic, theory of systems, philosophy) was used, which allowed strengthened conclusions about the nature of “actual” legal relations, both their origin and their development. The use of private scientific methods (formal legal, comparative legal, analysis of national legal acts) allowed determination of the essence of “actual” legal relations, to differentiate legal relations and social. social relations, etc. Results. Two conclusions were reached. Firstly: “actual” legal relations are the objective legal reality, namely existing legal relations, settled first of all by the principles and norms of law contained in a single, developing and multilevel system of forms of national and (or) international law, realised in the state. Secondly: “actual” legal relations – namely the essence of objective legal reality; The regulators of “actual” legal relations are the forms of their expression. Discussion and Conclusion. The regulators of “actual legal relations” are developed as a result of the development of “actual” legal relations, called by Roman lawyers juris vinculum (legal relations related to objective law).