Legal capacity of citizens. Legal capacity and capacity of citizens
In all modern states, the main regulator of social relations is law. This category has been formed over the centuries, which makes it possible to use it effectively today. The law went through many stages of its formation, which significantly influenced the role of the category and the regulatory mechanism in the modern polis.In this matter, subjects of certain legal relations are of great importance. The fact is that the law is effective only if it does not just come from the state, but is also authorized and guaranteed by it. As for the social aspect, each citizen individually interacts with the legal field through two categories. For many years, scientists have argued about their key role. Nevertheless, a person can be a subject of legal relations only taking into account his legal capacity and capacity, which will be discussed later in the article.
The concept of the term "law"
Before answering the question what is the legal capacity and capacity of citizens,it is necessary to understand the essence of the term "right". The concept existing in the modern legislation of the Russian Federation was formed under the influence of many years of disputes between philosophers, politicians, lawyers and historians. All of them made both erroneous and true statements about this concept. But, taking into account the experience of Soviet and post-Soviet theorists of state and law, we can single out the most standard concept. Thus, law is one of several basic regulators of relations in society, consisting of guaranteed by the current government, generally binding and formally defined norms of behavior based on moral principles and ethnic characteristics of the population of the Russian Federation. Some theorists also take into account the significant role of religion, which is supposedly the source of law in Russia. Nevertheless, such a theory is controversial.
Historical Theories of Law
Throughout the history of the formation of law, various interpretations of this category have been put forward. The first and most courageous theory is the positivist.Its supporters argued that law is a compulsory code of conduct established by the authorities in order to control people. In this case, it is not the norms themselves and their structure that are of interest, but the coercive nature of action on social relations. The most prominent representative of positivism was Thomas Hobbes (see photo below).But this theory is politico-legal. In a philosophical polis, law is an independent entity. Scientists of this side of knowledge insisted on the need for a natural approach to the consideration of law. In their opinion, the category comes from a person, and not the power decree of the state. The natural approach is largely shaped by the achievements in the field of freedoms of man and citizen, which significantly expands the understanding of the category of law in general.
Of course, there are other forms of understanding the law on the basis of certain phenomena of social being. However, only those concepts that have the greatest number of arguments and are applicable in the field of life activity of a modern person have reached our days.
Given the history of law, presented above, a number of signs can be distinguished.The article presents the aspects that have been formed in the field of theoretical concepts of domestic scientists. Thus, there are the following signs:
- Rules of conduct are established for all, without exception, that is, they have a general, normative character.
- The right extends its binding effect on all.
- Given the interest of the state in the existence of law and order, the right is sanctioned and guaranteed by him.
- Legal regulations come from a person. Therefore, they have an intellectual-volitional character.
- The law “lives” in official acts of the state.
- Its systematic character allows to organize a clear and prompt response to all social phenomena.
Taking into account all the above signs, it can be concluded that any state is able to control its society through a legal mechanism. Along with this, the citizens of a particular country must possess a set of certain legal attributes, and more precisely, two, in order to take an active part in any legal relationship. It follows that the legal capacity of citizens and their capacity are those “bridges” that allow people to interact with the legal field.In order to clarify in more detail the essence of these concepts, each must be considered separately.
The concept of legal capacity
If you look at this term from the perspective of an ordinary citizen, then the legal capacity of citizens is the actual possession of rights and obligations. This interpretation is to some extent true, but many scientists disagree with it. Thus, a different, more precise definition of the term was created. It states that the legal capacity of citizens is the actual, statutory ability of individual individuals as well as legal entities (organizations) to have duties and rights. There are several types of this legal category depending on the legal industry. Although in recent times, scientists are increasingly inclined to believe that the legal capacity of citizens is the same regardless of the legal industry, since it occurs at the birth of a person. However, this issue is controversial.
The greatest interest is the civil legal capacity, as it is considered common. This characteristic was entrenched in the civilian industry, because it covers the largest array of private relations.
Legal capacity of civil industry
According to the Civil Code of the Russian Federation, the category presented is the ability of a person to own civil rights and bear certain duties. The legal capacity of citizens arises at birth, regardless of any other factors, and disappears after the death of an individual. As for legal entities, the appearance of their rights and obligations occurs after state registration. They disappear at the time of liquidation, as a legal entity cannot die.It follows that the legal capacity of citizens arises at the time of the legal fact - of birth. In general, it can be found in any branch of law, not only civil. Although in most cases, civil, criminal, administrative legal capacity of citizens is separately distinguished.
Legal capacity of citizens of the Russian Federation. Legislation
Individuals have a large number of all kinds of rights and bear responsibilities in this regard, which is called the "legal capacity of citizens." The content of this category is described in the Civil Code of the Russian Federation.It consists of a number of aggregate elements. According to Article 18 of the presented law, every citizen without exception has equally the right to property, inheritance, will, property, as well as engage in any activity not prohibited by law, participate in obligations, choose a place of residence, produce scientific, literary and other products of intellectual property and so on. Under no reason can a person be deprived of these rights. Nevertheless, in special cases and only with the sanction of the court, an individual may be restricted in them, but this issue is more concerned with legal capacity.
In some states, once there was such a form of punishment as deprivation of part or all of the array of rights - civilian death. Currently, such a sanction is not used in any country in the world, although it is spelled out in the legislative acts of some states. Given the high level of effectiveness of such punishment, it can be used to bring legal entities to justice. As for individuals, the legal capacity of citizensthe content of which was presented above cannot be limited, because it is fully supported not only by legislative, but also by international legal acts.
Characteristics of legal capacity of legal entities
So, the civil legal capacity of citizens as a whole can be explained from the point of view of banal logic. However, in the field of activity of legal entities, this category has some specific features. For example, the appearance of rights and obligations of legal entities occurs when they are registered in the state register of legal entities. The essence and scope of the legal capacity of organizations is determined by the objectives of their direct activities. They should be provided for in special legal documents. Along with the existing rights to legal entities assigned obligations. For their violation, failure to comply with legal sanctions. Legal capacity of legal entities may be limited on the basis of a legal court decision.
Legal capacity of foreign citizens
The question of the availability of legal capacity of foreign nationals on the territory of Russia for many years excites the minds of scientists and legal practitioners.On the one hand, taking into account the international documents available today, all people are equal among themselves. On the other hand, the legal capacity of foreign citizens differs significantly from the package of freedoms of the registered population of the Russian Federation. Thus, the ability to have the rights and obligations of foreign citizens is determined by the legislation of their home country. In Russia, they are limited by legislative acts that regulate the status of an alien.
Special legal capacity
In the article we examined in detail what constitutes the legal capacity of citizens. Civil law greatly expands the view of this category. Along with this, one can come across such a concept as special legal capacity. It characterizes the presence of freedoms and obligations that can arise only in connection with the occupation of a special position or a person’s belonging to a special subject category. The emergence of a special category is characterized by the onset of a specific legal fact, as well as the presence of certain requirements.
The concept of capacity
Legal capacity and capacity of citizens- These are concepts that are inextricably linked. We have already revealed the essence of the first concept in the article. With regard to capacity, it describes the process of implementing the rights and obligations of citizens. Speaking in a scientific language, the capacity of a person is the ability to acquire and exercise the existing freedoms and duties assigned to them through their direct actions. The concept is closely intertwined with the sectoral division of national law.Simply put, capacity is represented by different types depending on the industry. According to the Constitution of the Russian Federation, where the general capacity is indicated, this category arises in a person in full after he reaches the age of majority, namely, 18 years. Civil legal capacity and capacity of citizens have distinctive features, which is due to the private-law nature of the industry itself.
Capacity in the Civil Code of the Russian Federation
Civil legal capacity determines whether the subject of private law relations the ability to exercise their freedoms and duties. The category is largely regulated by the Civil Code of the Russian Federation.There are several types of capacity, according to the person's age:
1) A person under 6 years old is completely incapable.
2) From 6 to 14 years - during this period the status of a minor is assigned to a person.
3) From 14 to 18 years old - partial disability. At the same time, tort-worthiness also appears - an opportunity to bear responsibility for one's actions.
In full capacity is assigned to a person from the moment he reaches 18 years of age. It is believed that at this age a person has a sufficient level of mental development to take part in absolutely all legal relationships.
So, in the article we figured out what the legal capacity and capacity of citizens is.The main aspects of these legal categories were presented, and a characteristic was given, based on the civil branch of law. In conclusion, it should be added that the categories presented are still the subject of theoretical processing not only in Russia, but also in other post-Soviet countries. Thus, the future scientists still have a fairly large scope of work in the field of studying the legal capacity and legal capacity of the subjects of national law.