Correlation of the concepts of legal capacity, legal capacity and legal personality. Legal capacity and capacity of citizens. Legal personality of legal entities

And bear certain responsibilities. It is legal capacity that is a prerequisite for the possession of specific subjective rights that arise only in the presence of certain legal facts, actions and events.

Legal capacity is also understood as the general (otherwise abstract) ability to possess the rights and obligations established by law, the ability to be their bearer, recognized by the state.

Legal capacity differs from subjective law in that it:

is not separated from the personality. A person cannot be deprived of legal capacity, taken away from him or limited to its effect;
does not depend on age, gender, profession, nationality, property status, etc .;
cannot be delegated to others;
primary in relation to subjective law, as well as initial, that is, it plays the role of a prerequisite;
it is abstract, and subjective law is concrete.

Legal capacity Is the ability of the subject to acquire and exercise rights by his own actions, create duties for himself and fulfill them. The concept of legal capacity is based on the fact that all subjects of law are healthy and the degree of their development is established as they grow up. Legal capacity is divided into general and special.

For natural reasons, legal capacity and capacity do not always coincide. All people have legal capacity, although not all of them are simultaneously capable. Moreover, all capable people are not legally capable.

Full legal capacity- the ability to exercise all rights and obligations without exception. Full legal capacity occurs in full when the person reaches the age of eighteen.

Partial legal capacity there are two degrees: the first degree is the legal capacity of minors from 6 to 14 years old. Transactions can only be made on their behalf by their parents, adoptive parents or guardians. The second degree of partial legal capacity is the legal capacity of minors from 14 to 18 years of age. In accordance with the law, they can make all transactions of minors and dispose of their income, exercise copyright, make contributions to credit institutions, from the age of 16 they can be members of a cooperative.

Legal personality includes four elements:

legal capacity Is the ability of a subject to have legal rights and bear legal obligations enshrined in legislation. It begins from the moment the individual is born and ends with death. Legal capacity is not a natural property of a person, but is generated by objective law;
legal capacity;
delicacy- is the ability of a person to be responsible for civil violations;
legal personality is determined with the help of the rules of law, which establish the basic and basic rights and obligations.

There is also a special legal personality, which provides for a different legal status, in contrast to ordinary subjects. So, in particular, the subjects with special legal personality can be considered deputies, candidates for deputies, heads of the election commission.

The nature and degree of participation of subjects in legal relations is determined by their legal personality.

The subject of the legal relationship must have legal personality, i.e. the ability to be a subject of law. This applies to both individuals and legal entities.

With regard to individuals, three elements of legal personality are distinguished:

legal capacity, capacity and liability.

Legal capacity is the ability of a person to have subjective rights and legal obligations by virtue of the rule of law. Legal capacity arises from the birth of a person and ends with his death. Legal capacity serves as a prerequisite for legal ownership, but does not provide real benefits. The latter is given by the realization of legal capacity through legal capacity.

Legal capacity is the ability of an individual to exercise rights and fulfill obligations through his actions. Legal capacity is associated with the age and mental properties of a person and depends on them. Full legal capacity begins from the moment of majority, and before that a person has limited legal capacity (partial).

Children and the mentally ill are completely incapacitated, parents and guardians make deals for them and act in their interests. In civil law, a court recognizes a person as incompetent who, due to illness or dementia, cannot understand the meaning of his actions and control them. The court may restrict the legal capacity of persons who abuse alcohol and drugs. The legal capacity of persons held in places of deprivation of liberty by a court verdict is also limited, in particular, they do not participate in elections, referendums.

[In the legal literature, a special type of legal capacity is distinguished - transactivity, i.e. the ability by their actions to create rights and obligations for other persons or the ability to assume the rights and obligations arising from the actions of others. For example, a transaction made by a representative on behalf of the represented. Such a transaction creates, modifies or terminates the civil rights and obligations of the represented.]

Delicacy is the ability of a person to bear legal responsibility for a committed offense. Delicacy begins with of different ages depending on the type of legal liability. For example, administrative liability begins from the age of 16, full civil liability - from the age of 18 (with the exception of marriage before the age of majority or emancipation), criminal liability for all types of crimes - from the age of 16, and for certain crimes - from the age of 14 ( all types of murder, rape, robbery, robbery, theft, theft firearms, ammunition, explosives, etc.).

For a legal entity, all three elements of legal personality arise simultaneously from the moment the organization is registered as a legal entity.

Legal status of a person it is a legally enshrined position of an individual in society, it is the ability to be a participant in a legal relationship.

Structure, main elements legal status personality:

1. Legal personality

2. Freedom rights and responsibilities of the individual.

3. Guarantees of the rights and freedoms of the individual

The degree of participation of subjects in legal relations is determined by their legal personality.

2. Legal personality... It includes: legal capacity, capacity to act and delinquency (some authors consider it a kind of capacity).

Legal capacity - it is the ability to have rights and obligations / this is the ability of a person to have subjective rights and legal obligations, which is provided for by the rules of law /. A person's legal capacity begins from the moment of his birth, remains with him for life and ends with death. Legal capacity is not a natural property of a person, but is generated by objective law. It concentrates those rights and obligations that the subject may have, but this does not mean that he really has them. In order to become a real participant in a legal relationship, a legally capable subject must be capable

Legal capacity - it is the ability of a subject, recognized by the norms of objective law, to independently, by his conscious actions, acquire subjective rights, exercise them, and fulfill legal obligations.

Legal capacity is subdivided into general and special. General, for example, applies to all legal transactions without exception. Special the same applies only to a strictly defined type of transactions.

Legal capacity and legal capacity do not always coincide. All people have legal capacity, but they are not always capable. Conversely, all capable citizens always have legal capacity.

The content and scope of legal capacity depends on several factors - from age subject. Legislation defines the age of civil majority, upon reaching which a person becomes capable. Health status physical and mental, kinship of subjects(marriage and family relations), law-abiding subjects(criminals do not have the right to be elected). The content of legal capacity depends on religious beliefs(alternative service in the army).

A kind of legal capacity is:

· bargaining power- the ability to conclude civil transactions

· delicacy- the ability to be legally responsible for violation of requirements legal regulations, the ability to be responsible for the offense.

The types of legal capacity are:

· Fully incapacitated children under 6 are considered.

· The legal capacity of young children (from 6 to 14 years old) - has the right to conclude small household transactions (purchase in a store), transactions aimed at receiving free benefits that do not require notarization.

· All other transactions for children under 14 years old can be concluded by: their parents, legal representatives, guardians.

· The legal capacity of minors (from 14 to 18) - to independently dispose of their earnings, scholarships, to be a full-fledged subject of copyright (and patent) rights, to make small household transactions, to make contributions to credit institutions and to dispose of them.

· Full legal capacity - begins from the age of 18 and consists in the ability to have any subjective rights and bear full legal obligations.

Full legal capacity can occur before the age of 18 in 2 cases:

1. emancipation- has reached the age of 16 and works under an employment contract, carried out with the consent of both parents or by a court decision

2. dispensation- lowering the age of marriage (marriage)

Face can not to be capable after 18 years also in 2 cases:

1. declaring a person partially incapacitated due to alcohol (drug) abuse - all transactions, except for small household ones, are concluded by him only with the consent of the trustee

declaring a person completely incompetent by a court decision - if the person suffers from mental illness and, as a result, does not understand the meaning of his Susceptibility- the ability of a person to independently bear responsibility for harm caused by his unlawful act (action or inaction). Is an element of legal capacity. It is expressed in the ability of the subject to independently realize his act and its harmful results, to be responsible for his illegal acts and bear legal responsibility for them. It begins at the age of 16, although according to Article 20 of the Criminal Code of the Russian Federation there are crimes for which responsibility occurs at the age of 14 (against the person, property, etc.).

Legal capacity in civil law is an element of legal personality and means the ability to bear responsibility for committed offenses.

The concept of the subject of law. People and organizations formed by them for their private and public purposes participate in legal relations: the state and its bodies, enterprises, institutions, public associations of citizens, religious organizations. To participate in legal relations, people and organizations must have certain qualities recognized or established by law for each and every of the future participants in the legal relationship. The combination of these qualities forms the concept of the subject of law and the legal personality of a person or organization. At the same time, the qualities of the subject of law (legal personality) differ for different groups of branches of law, both in terms of their occurrence (for example, depending on the age of a person), and in their content - the possibilities of ownership, for example, property rights, personal or power rights of management.

Thus, the subjects of law are persons or organizations for which a special legal property (quality) of legal personality is recognized by law, which makes it possible to participate in various legal relations with other persons and organizations.

Legal personality includes legal capacity and legal capacity, as well as the legal status of the subject of law. Legal capacity is understood as the ability to have the rights and obligations provided for by law, i.e. specific positive rights and obligations of a participant in various legal relationships. Legal capacity means the ability to acquire rights by one's actions and create legal obligations for oneself. This legal definition of civil capacity is important for individuals. Legal entities, state bodies and public organizations, as a rule, do not break legal and legal capacity, they are always present together with a competent legal entity.

Legal status is a set of initial, inalienable rights and obligations of a person, as well as the powers of state bodies and officials directly assigned to certain subjects of law, recognized by the constitution or laws.

The legal status of a citizen, foreigner or stateless person directly expresses his legal personality, which, according to the UN Universal Declaration of Human Rights, must be recognized by all states. It includes the basic, inalienable human rights, as a rule, enshrined in the constitution of the state, as well as the private legal capacity and legal capacity of an individual.

The types of subjects of law differ in different ways - for legal relations in the field of private and in the field of public law.

In the field of private law (civil, family, labor, land and other branches of nature management, etc.), subjects of law are divided into individuals and legal entities. Individuals include all citizens, as well as foreigners and stateless persons. In other words, these are people for whom the quality of legal and legal capacity is recognized.

All enterprises and their associations, as well as institutions and public associations (including religious ones), regardless of the form of ownership or other form of property legal capacity (lease collectives, farms, etc.) are legal entities. To recognize an organization or institution as a legal entity, its registration with state bodies is required.

This classification of subjects in the field of private law is of great practical importance. Indeed, in the legal relationship of private law there should not be an unequal position of subjects - the subordination of one side of the relationship to the other. In the market, the classical sphere of private law, the seller and the buyer are "subject" to one economic law - value. If this objective law is violated, then private law and the civil code do not work, they remain powerless. Therefore, the observance of the equality of the parties remains an indispensable condition for participation in private law relations. For such observance, all subjects of private law relations, participating in these relations, must have equal rights and obligations. Therefore, the laws on property, entrepreneurship, on public associations do not distinguish between the state, its bodies, enterprises and institutions - they all act as equal legal entities in property, labor and other private law relations and have equal protection of their interests.

The legal personality of individuals and legal entities is expressed in their legal capacity and legal capacity.

All natural persons have equal legal capacity in the field of private law relations. It arises from the moment a person is born (and according to inheritance relations, the rights of an unborn child are also taken into account) and ends with his death (in relation to inheritance, the will of the testator is taken into account and protected after his death). All citizens of Russia (as well as citizens of other states) have equal and full (in terms of volume) legal capacity. For foreigners, restrictions may be established that protect the rights of citizens of the state (the need to obtain licenses, quotas for entry into the country, restrictions on the rights to occupy some positions - captains of ships, airliners, etc.).

The legal capacity of individuals arises with reaching age, when a teenager acquires the ability to realize the meaning of his actions and to direct his actions. Full legal capacity arises in Russia from the age of 18 (in a number of other states - from the age of 21). However, in civil law, small household transactions are allowed for children from 6 to 10 years old (although they can be disputed by parents). Partial legal capacity arises from the age of 14 and significantly expands after the age of 16 (disposal of earnings, other income or declaration of full legal capacity - Art. 27 of the Civil Code of the Russian Federation). In labor law - from the age of 15, partially criminal liability is allowed from the age of 14, etc. Thus, young children of six years old are recognized as legally capable and entitled to housing, inheritance, personal belongings, but they are incapacitated. Their interests are represented and protected by legal representatives - parents and guardians. Also incapacitated (in whole or in part) are the insane, recognized incapacitated by a court decision.

Legal capacity and legal capacity of legal entities, as a rule, arise simultaneously and constitute a single quality of legal capacity.

Legal entities are organizations that have separate property in ownership, economic management or operational management, can acquire property and personal non-property rights and bear obligations on their own behalf, act as plaintiffs and defendants in a court of arbitration or arbitration (Article 23 of the Civil Code of the Russian Federation).

Learn more about the rights of organizations as subjects entrepreneurial activity, as well as the rights of institutions as legal entities for various non-profit organizations are determined by the Civil Code of the Russian Federation, depending on the goals, nature of the activity or the status of their rights to the owner's property.

However, all these laws deal only with the private law possibilities of a legal entity.

The legal personality of a legal entity, in contrast to the legal personality of a natural person, is special. In terms of its content, it must correspond to the goals and objectives of the activities of this organization, enterprise or institution, as defined in its charter. Since the goals and objectives of organizations acting as legal entities are extremely diverse, for them there cannot and should not be equal legal personality. Special legal personality means that its scope and content differ significantly from organization to organization.

In the field of public law, state bodies act as independent subjects of the right to exercise powers to exercise power functions of state power, administration and justice. The legal status of a state body is outlined by its competence. Only the powers (powers and duties) directly specified in the law constitute its legal status. The exit of a state body beyond the limits of its powers, as well as their failure to implement in relevant cases, are always illegal, illegal actions, even if they were caused by the possibility of taking other measures.

Government officials, deputies of legislative bodies, judges and bailiffs are also endowed by law with a certain legal status within their competence and are obliged to act within it.

Within these limits, decisions and actions of state bodies and officials are binding on all other subjects of law, which must comply with the orders of the body and official.

Penalty is the ability of a subject of law to be responsible for an offense committed by him. In different branches of law, individuals become susceptible at different ages. So, in civil law, complete susceptibility begins from the age of eighteen. Minors between the ages of fourteen and eighteen years independently bear property responsibility for those transactions, the performance of which they are permitted by law. Parents, adoptive parents or guardians bear property liability for the minor's transactions. A person who has reached the age of sixteen by the time the crime was committed is subject to criminal liability. For the most serious crimes

Legal capacity Is the ability of a citizen to possess civil rights and bear certain responsibilities. It is legal capacity that is a prerequisite for the possession of specific subjective rights that arise only in the presence of certain legal facts, actions and events.

Legal capacity is also understood as the general (otherwise abstract) ability to possess the rights and obligations established by law, the ability to be their bearer, recognized by the state.

Legal capacity differs from subjective law in that it:

1) is not separated from the personality. A person cannot be deprived of legal capacity, taken away from him or limited to its effect;

2) does not depend on age, gender, profession, nationality, property status, etc .;

3) cannot be delegated to others;

4) is primary in relation to subjective law, as well as initial, that is, it plays the role of a prerequisite;

5) it is abstract, and subjective law is concrete.

Full legal capacity- the ability to exercise all rights and obligations without exception. Full legal capacity occurs in full when the person reaches the age of eighteen.

Legal personality includes four elements:

1) legal capacity Is the ability of a subject to have legal rights and bear legal obligations enshrined in legislation. It begins from the moment the individual is born and ends with death. Legal capacity is not a natural property of a person, but is generated by objective law;

2) legal capacity;

3) delicacy- is the ability of a person to be responsible for civil violations;

4) legal personality is determined with the help of the rules of law, which establish the basic and basic rights and obligations. There is also a special legal personality, which provides for a different legal status, in contrast to ordinary subjects. So, in particular, the subjects with special legal personality can be considered deputies, candidates for deputies, heads of the election commission.

73. Legal status of a person: concept and structure

Speaking about the rights and freedoms of the individual, a complete and real idea of them cannot be obtained if we do not consider these phenomena as part of the legal status of the individual. First of all, this category has a collective, universal character. It contains: 1) the legal status of a citizen; 2) the legal status of a foreign citizen; 3) the legal status of a stateless person; 4) the legal status of a refugee; 5) the legal status of a forced migrant.

Rights and freedoms form the basis of the legal status of an individual, therefore they cannot be realized without its other components (for example, without legal obligations that apply to rights, without legal responsibility in some cases, without legal guarantees, without legal capacity and capacity as the main features of strong-willed and meaningful behavior person).

The category of legal status makes it possible to see the rights, freedoms, duties of an individual in its holistic, systemic form, allows comparison of statuses, opens ways for their further improvement.

Legal status of a person- this is, first of all, the legal status of a person, which reflects his actual state in interaction with the state and society. Classification of legal statuses of a person first of all, it is carried out according to the scope and structure of legal systems. There are legal statuses:

1) general, which includes, in addition to domestic, rights, freedoms, obligations and guarantees developed by the international community and fixed in international legal documents;

2) constitutional. This status must be stable, its existence lasts until the basic social relations change radically and in their majority;

3) sectoral, which consists of powers and other components mediated by a separate or complex branch of the legal system (civil, labor, administrative law, etc.);

4) generic. The generic status of an individual expresses the specifics of the legal status of specific categories of people who have some additional subjective rights and obligations;

5) individual status shows the peculiarities of the position of an individual, depending on his age, profession, gender, participation in the management of public affairs, etc.

The protection of the general legal status of an individual is provided for by both domestic law and international law. His characteristic feature consider stability, which is due to the peculiarities of human life itself and presupposes the establishment in society of a normal legal order, reasonable and predictable changes in it, capable of ensuring the preservation of the country's gene pool, the rate of production of material, as well as spiritual values, the free development of each individual. Like any foundation on which new qualities are formed, the stability of the constitutional status of an individual depends on how fully it will correspond to actual social relations.

The structure of the concept of legal status also includes the following elements: 1) legal norms establishing this status; 2) legal personality;

3) basic rights and obligations; 4) legitimate interests; 5) citizenship; 6) legal responsibility; 7) legal principles; 8) legal relations of a general type.

74. Subjective law and legal obligation: concept and structure

Subjective law and legal obligation- these are systemic elements of legal relations that give a specific social relation characteristics... The degree of freedom of the participants in the legal relationship, the degree of satisfaction of his interests are established by the prescriptions of the legal norm. Legal rights and obligations are equivalent elements of a legal relationship, even though their content is different.

Volume and boundaries subjective rights and obligations are generally determined by the rule of law. In legal relations, they are concretized in relation to personal subjects, legally liable and entitled subjects build their behavior within the boundaries indicated by law. The freedom of behavior of each of them is within the specified limits.

Subjective law is the ability of a subject, provided and protected by the state, to satisfy, at his own discretion, those interests that are provided for by objective law.

The right of the subject is called subjective because it depends only on the will of the subject himself how to dispose of it. Although this possibility is not arbitrary. This is a legal possibility that establishes the measure of permissible behavior.

There are three types of subjective law:

1) in the possibility of positive behavior of the owner of the subjective right to satisfy his interests;

2) in the ability of the entitled to demand the established behavior from the obligated persons in order to satisfy his legitimate interests;

3) in the possibility of the authorized person to ask for protection from the competent state bodies in case of violation of his rights. First of all, we are talking about the compulsory implementation of the right of a participant in a legal relationship.

Legal obligation of the subject, in contrast to subjective law, consists in the need to harmonize one's behavior with the requirements presented to it.

Legally obligated person probably does not act in a way that is prompted by its own interests, although it must reckon with the prescriptions of legal norms that reflect and protect the interests of others. The right and duty in legal relations are the most important and necessary conditions normal human communication. In their the right balance, with the interconnection and interdependence of various interests, the real appearance of a legal society and a legal state is manifested.

Legal obligation is a necessity stipulated by law and guaranteed by the state for the established behavior of a participant in legal relations in the interests of the entitled subject. If the content of a subjective law is formed by the measure of permitted behavior, then the content of his duty is a measure of proper behavior in a legal relationship. The obligated person is prescribed a measure of due conduct in order to satisfy the interests of the entitled person.

Two types of legal obligation are expressed:

1) in the need to take active positive actions in favor of other participants in legal relations;

2) the need to refrain from actions prohibited by the norms of law.

Implementation of subjective legal rights and obligations presupposes their impact on the actual behavior of participants in legal relations, the implementation of the measures of proper and permissible behavior inherent in them in existing social relations.