The dynamics of the material legal relationship at the terminal stage

The article is devoted to the study of the terminal stage of the material legal relationship—a specific period between one party's expression of will to terminate the legal relationship and its actual legal termination. The author, taking into account the established scientific approaches to the concept of the dynamics of legal relationships, believes that this stage holds independent significance, both in terms of legal content and legal consequences. The study examines cases where the termination of the legal relationship occurs as a result of a complex legal composition, including the expression of will by one party, actions of the court, and the behavior of the counterparty. The relevance of the topic is due to the lack of a uniform approach to defining the moment of termination of the legal relationship and the uncertainty of the legal status of the parties' actions at the terminal stage. Dialectical, formal-legal, systemic, and comparative-legal methods were used. The method of legal modeling and analysis of judicial practice is applied. The scientific novelty of the research lies in the introduction of the concept of the terminal stage of the legal relationship as an independent stage of its dynamics. It is substantiated that the termination of the legal relationship can have a complex internal structure and be retrospective in its consequences. A classification of terminal stages by forms of termination, grounds, and nature of legal effects is proposed. The main conclusions drawn from the research results are: 1) In the non-jurisdictional form of the terminal stage, the choice of whether the legal relationship will be terminated prospectively or retrospectively depends on the agreement of the parties. 2) In the jurisdictional form of the terminal stage, retrospective termination of legal relationships is possible only in cases where the appeal to the jurisdictional body is associated with a dispute over rights and is not mandatory by law. When determining the moment of termination, it should be taken into account when other circumstances necessary for the termination of the legal relationship occurred and when the will for such termination was communicated to the counterparty, as well as when the regulatory legal relationship continued to be exercised. 3) The "healing" of the legal relationship at the terminal stage—termination of the protective legal relationship and preservation of the regulatory one—is possible by the will of both parties or at the initiative of the person who announced such termination (for example, by way of withdrawal of the claim). Elimination of violations that led to the transition to the terminal stage does not entail such "healing."

dynamics of legal relations, termination of legal relations, juridical facts, stages of legal relations, dissolution of contract, dissolution of marriage, protective legal relations, retrospective dissolution, terminal stage of legal relations, transformative action