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Notion, attributes and structure of legal relations.
Notion and types of legal conduct. Notion and types of legitimate conduct.
Notion, attributes, composition and types of offences.
Notion, aim, functions, grounds (reasons) and types of legal responsibility.
1.
Law is a special type of social norms (rules), a system of obligatory, formally fixed rules of behavior, which are created, guaranteed by a state with the aim to put in order public relations.
An objective law is a system of all legal rules (norms), which operate in the state.
A subjective law is a possible behavior of a person.
Attributes of law:
- a system;
- an obligatory character of law;
- formally fixed;
- a normativeness;
- a volitional character of law;
- created, provided and guaranteed by the state.
Functions of law are the basic directions of influence of law on public relations and behavior of people, social development.
There are general social and special legal functions of law.
General social functions are:
1. Humanistic is protection of mankind.
2. Organizational is the organization of common efforts of people to achieve socially useful aims.
3. Educational is a feature of development of legal understanding among people.
4. Informative (communicative) means to inform the people about the will of the legislator.
5. Evaluational is a criterion of legality or illegality of certain decisions and actions.
6. Gnosiological (cognitive) means that law is a source of cognition of the development of society.
Special legal functions are:
1. Regulative means that law is a regulator of legal relations and conduct of people by the legal rules.
2. Protective means that law protects the rights and freedoms of people.
Basic sources of law are:
1. A legal custom is the rule of behavior, which is sanctioned by the state, which established in society as a simple custom as a result of frequent reiteration during great while and which became a tradition.
2. A legal precedent is a judicial or administrative decision from concrete legal case, it is obligatory for all next analogical cases. These analogical cases must be explained the same way as the legal precedent.
3. A normative agreement is a written document, which contains the rules of behavior, which has general character, which is created by mutual consent of a few subjects and guaranteed by the state.
4. A legal document (a legal act) is a written document of the competent bodies of the state power, in which the rules of behavior are fixed.
In Ukraine a legal document (a legal act) is the basic source of law.
A system of law is the internal formation of law, which consists of fields of law, institutes of law and legal rules (norms) of law.
A field of law is the system of legal norms, which create an independent part of the system of law and regulate the separate sphere of public relations. The field of law is the largest element of the system of law. Every field of law has an object and a method of the legal regulation.
There are such fields of law in Ukraine: criminal, financial, administrative, constitutional, civil, family, economic, labour etc.
An institute of law is the group of legal rules, which is the element of the system of law of the concrete field of law. These rules regulate the most homogeneous relations.
For example, there is an institute of civil responsibility in civil law, and there is an institute of citizenship in constitutional law.
A legal rule (a norm of law) is the official, formally fixed, obligatory rule of behavior. The state creates legal rules and guards them from violations for regulation of the most important public relations.
The legal rule has a structure and consists of a hypothesis, a disposition and a sanction.
A hypothesis is the part of the legal rule, which is expressed in the circumstances and conditions under which legal rights and obligations can be implemented.
A disposition is the part of the legal rule, in which the normal way of behavior (the right or the obligation) is reflected.
A sanction is the part of the legal rule, which determinates legal responsibility for an offence.
2.
Legal relations arepublic relations, which are regulated by the law, their participants have subjective rights and legal duties, which are guaranteed by the state.
Basic attributes of the legal relations are:
1) arise up on the basis of legal rules;
2) have sides (parties), which have subjective rights and legal duties;
3) is the type of public relations of a natural person or a legal person, organizations and communities;
4) state controls and guaranteed realization of subjective rights and observance of legal duties in legal relations.
There are three elements of the structure of legal relations:
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