Mamatkazin, I.R. Legal construction of compensatory legal relations

Abstract: In the absence of legal and scientific definitions of compensation payment, the author formulates the characteristic features, allowing to distinguish compensation payments from the other types of monetary social guarantees, as well as from the compensations in other branches of law. The author makes a conclusion that in order for the compensation legal relation to appear, there has to be a primary material legal relation, within which there is an object of compensation, at which the compensation influence is directed. The quality characteristics of a compensation payment presupposes defining the compensated amount of the object of compensation. It is noted that the compensation element includes the need for procedural calculation of compensated amount based upon the sum of compensation object. The author reveals the connection between compensation legal relation and the “primary” material legal relation, within which the compensation object exists. The connection between the legal relations is so substantial, that is allows one to speak of the presence of the legal construction of a legal relation. The primary legal relation may be either a social guarantee legal relation, or a legal relation outside of the scope of legal guarantees. In the first case both legal relations shall be public, while in the second case the one legal relation shall be private, while other would be a public one. The latter option for interaction of legal relations may possible be one of manifestation of the inter-branch integration.

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