The legal nature of the state in the modern legal dimension

ПРАВОВА ПРИРОДА ДЕРЖАВИ В СУЧАСНОМУ ПРАВОВОМУ ВИМІРІ

Anatoliy Kostruba ()

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Abstract: The article is devoted to the study of the legal nature of the state. The author departs from the traditional public-law understanding of the state. Using the theory of George Ellinek, who examines the legal construction of the state not only from the standpoint of legal 156 science, but also from the position of sociology, the author presents the substantiation of the private legal nature of the state. Yes, the state is a legal form and legal means of securing the interest of civil society, which is carried out by its structural self-organization on cultural grounds. The state is the bearer of subjective rights and legal obligations as a result of individualized volitional activity in the exercise of self-interest in public relations. This approach allows us to refer it to a legal entity. Having universal legal capacity, the civil capacity of the state is revealed through the institution of representation, which is realized through the activities of a state authority endowed with a state of special capacity

Keywords: state; subject of law; Society civile; legal capacity; capacity; legal entity; state authority; legal personality. (search for similar items in EconPapers)
Date: 2019-06-27
New Economics Papers: this item is included in nep-hme and nep-law
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Published in Права людини і національна безпека: роль органу конституційної юрисдикції, Constitutional Court of Ukraine; Taras Shevchenko National University of Kyiv, Jun 2019, Kiev, Ukraine. pp.148-158

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