To the question of the structure of the legal obligation

Abstract

Legal obligations play an important role in the mechanism of interaction between the state, law and the individual; without them, neither a balanced legal system, nor effective legal regulation, nor a clear legal order in society are possible. Legal obligations contribute to establishing clear standards of behavior in society, emphasizing its most useful and appropriate options. Moreover, the content of legal obligations reflects the basic principles of an individual’s interaction with society and the state, since the obligation itself as an instrument of legal regulation allows to create a balance between the interests of individual social groups and the individual as a part of them. So, for example, the obligation not to encroach on the rights and freedoms, honor and dignity of other people, which is contained in Art. 68 of the Constitution of Ukraine and is one of the tools for achieving a compromise and balance between the interests of individual participants in social relations. In addition, due to their imperativeness, formal determination and state protection, legal duties are able to optimally ensure proper and effective regulation of social relations. Duty is a multifaceted category that is of exceptional importance in various spheres of social life, which causes special interest in its research in general and its internal structure in particular. Instead, more often, the subject of scientific research in the field of law is the rights of a person and a citizen, which to some extent reduces the value of legal obligations. The lack of an adequate level of scientific study of the category of legal obligations causes a number of shortcomings in the process of direct implementation of obligations by their addressees. That is, the lack of a comprehensive study and interpretation of the nature of the legal obligation, its internal content and structure has as a consequence the imperfection of its understanding by the individuals to whom such obligations are directed, which, in turn, causes a low level of their implementation and compliance. The theoretical foundations of the category of legal duty are extremely important for understanding its essence and means of implementation, because it is the duty of consideration They are given as a guarantee of the existence of freedom, democracy, responsibility and morality in society. That is why we consider it necessary to investigate the internal content of the legal obligation through the prism of its structure.