Maksymenko V. Тhe Objects of Financial Legal Relations

The dissertation is devoted to the systematic study of theoretical and practical questions the nature and essence of the category «object financial legal relations». The basic concepts regarding the definition of the category of «object relationship» in the General theory of law and approaches to the understanding of this legal phenomenon. The essence of the legal and public nature of objects of financial relations and their classification is carried out using the new criteria. Define the concept of «object financial legal relations» are systematized and methodological basis of the study of this legal category. The problem about castrate objects of financial relations with allocation of its major components, namely properties and qualities. Carried out characterization of objects of certain types of financial relationships with allocation of their general and specific properties and qualities. Deal with the issues of legal neutrality of individual objects of financial relations with a detailed definition of the reasons for this state object. Analyzed the cases of existence financial relations and the factors that led to their existence in the legal realities. The essence of the legal and social nature of the object of financial legal relations is revealed and their classification is carried out using new criteria. In particular, under the object of financial legal relations, it is proposed to understand the phenomenon of objective reality (material or intangible benefit), with which financial and legal norms link the interest of the subjects of financial legal relations, which is ensured through the emergence, implementation and protection of their legal rights and obligations. The problem of objectability of objects of financial legal relations is considered, highlighting its main components, namely properties and qualities. Moreover, it has been established that properties are signs that reveal the legal nature of a material or intangible benefit, that is, they characterize its role in the structure of legal relations and reflect the moment of emergence, change and termination of financial legal relations. It is also determined that qualities are features of a material or intangible benefit, which are a legal reflection of the social nature of an object, that is, they determine the boundaries of the intended purpose of the benefit, within which the interest of the participants in legal relations is legitimate. Particular attention is paid to the legal neutrality of the individual objects of financial legal relationship, which is defined as follows: the state of the object, which has a permanent or temporary nature, and eliminates the possibility of the good to be legal structure element, due to the impossibility of the emergence and implementation in relation to his subjective rights.