Theoretical Approaches in Russia to Understanding the Legal Nature of Legal Relations in the XIX – early XX Centuries: Historical and Legal Aspects

Abstract

Relevance. As is known, legal relations play a significant role in law enforcement, legal protection, satisfaction of the vital interests of individuals and legal entities. The study of legal relations, the elucidation of their legal essence, role and place in the system of legal means remains an urgent problem in legal science, despite the long historical development of the doctrine of legal relations in the general theory of law and civil law. In modern jurisprudence, many researchers consider the concept of "legal relationship" as: public relations regulated by the rule of law; legal form of public (actual) relationship; the unity of the legal form and material content. The author of the article set the task to analyze in the historical and legal aspect the scientific views of Russian scientists on legal relations in the 19th early 20th centuries. in order to form their position on the designated topic.The purpose of the study: to find out in the historical and legal aspect the scientific views of Russian scientists of the 19th early 20th centuries. about legal relations, their subjective and object compositions, content.Research objectives: to identify the legal approaches of domestic researchers of law of the specified period to understanding the legal nature, subjects, objects and content of legal relations.Methodology. In the course of the study of the designated topic, such general scientific and private scientific research methods as historical-legal, logical, formal-legal, system-structural and comparative-legal methods were used.Results. Based on the analysis of the theoretical conclusions of well-known pre-revolutionary lawyers, it was revealed that a significant part of legal researchers considered legal relations as actual relations regulated by the norms of objective law, and the elements of legal relations are subjects, objects, legal rights and corresponding duties. It has been established that there are legal relations as ideal legal models of behavior of subjects of law, and specific legal relations that arise on the basis of legal facts with the participation of specific interested subjects of law, endowed with subjective rights and legal obligations regarding certain objects rights.Conclusions. Legal relations are social relations settled on the basis of the norms and principles of Russian law, reflecting the unity of the legal form and legal and factual content, with the participation of individuals and legal entities, public legal entities.