Abstract
In this article, the author continues a series of studies on the existence of second rights in the Russian legal system in the context of various legal institutions and categories. In this case, these are the forms of realization of the right and the mechanism of realization of the right. Consistently analyzing the properties of secundary rights in the context of observance, execution, application and use of legal norms, the author argues that secundary law, as well as any other subjective right, can be realized only in two forms: in the form of use and in the form of application. In other words, the second right can be implemented both in a direct form, and only in an active form, and in law enforcement. Regarding the mechanism of realization of the second right, the article notes that it coincides in its content with the mechanism of realization of other subjective rights and covers three stages: the commission of a legal fact, the formation of a legal relationship, the realization of the right in the prescribed form. At the same time, an unconditional legally significant condition for the implementation of any second right is the legal composition, which includes the existence of a basic legal relationship and an act of implementation of the second right.
Published Version
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