Problems of formation of the actual composition

The purpose of the study. The article deals with the problems of the formation of actual structures as the grounds for the emergence, change and termination of legal relations. The process of accumulation of elements of the actual composition is analyzed, each of which is an independent legal fact. The aim of the study is to establish the patterns of the order of occurrence of individual factual circumstances and their significance for the formation of the composition as a whole. Results. Based on the analysis of the approaches of dynamic and static legal capacity, it is concluded that as a methodological premise, such a distinction between legal capacity and subjective law should be used, according to which legal capacity is exhausted only by the possibility of a unilateral order, namely, only by a measure of possible behavior. Subjective law, in turn, includes in its content not only this possibility, but also the possibility of demanding certain behavior from persons who are entrusted with a legal obligation corresponding to subjective law. The author also concludes that each of the elements of the actual composition has legal significance and should not be considered as completely indifferent to the possible legal consequences until the composition is fully formed.

legal fact, factual composition, dynamic legal capacity, static legal capacity, subjective law