Problems of Determining the Specifics of Protective Legal Relations in Russian Civil Law

Abstract

The article is devoted to the question of the existence of protective legal relations in Russian law. The theoretical concepts related to them are considered, as well as the origins of the theory of protective legal relations itself, starting with the views of pre-revolutionary representatives of Russian civil science. Based on a comprehensive theoretical analysis of the ideas available in science about the subject of research, the author consistently considers the idea of the need to differentiate legal relations into regulatory and protective ones, where the latter have a special functional purpose and a normative basis in the form of protective legal norms. The protective legal relationship is determined precisely by the legal norm regulating the corresponding public attitude. The conclusion is made about the presence of specific signs of protective civil legal relations, which make it possible to clearly distinguish them from regulatory legal relations.