Структура секундарного права

Abstract

The internal structure of secondary law is considered as a universal theoretical and legal construct, used not only in private law areas, but also in public law. At the same time, the prevailing civilistic approach to the study of secondary rights in science is stated, which does not provide a fully objective picture of the essence of this legal structure. Based on the patterns of subjective law structure, based on theory of law works, we analyzed the content of the powers included in the secondary law, through which the interest inherent in the secondary law is realized. According to observations, only two powers can form the construction of a secondary law –the power to one’s own behavior and the power to someone else’s behavior (the authority to demand). At the same time, for secondary law development, in some cases, only one power is sufficient – the power to one’s own behavior, in others, it is possible for the initially two named powers to coexist within the framework of one construction of secondary law, or the power to someone else’s behavior can have an auxiliary property for the purposes of exercising the right to one’s own behavior. In addition, theoretical calculations are given regarding the dependence of the set of powers in the structure of secondary law on the type of legal relationship (regulatory, protective, industrial) and the properties of stability and dynamism of the structure of secondary law in the conditions of modern legal reality are studied. Based on the results of the study, conclusions are formulated.