 State in the system of subjects of civil law of ukraineДержава в системі суб’єктів цивільного права УкраїниPost-Print from HAL Abstract: The article is devoted to studying the place of the state in the system of subjects of the civil law. It is noted that the realization of the interest of individual achieved by his/her individual actions, by means of combining individuals or a combination of capital, which leads to the creation of independent legal structure in the civil law, which becomes a fiction of the individual namely. Since the state is an alliance of the interests of persons united in a single social organism in order to ensure their implementation, it is logical that legal entity synthesizes not only the characteristic features of a corporation, but also the features that are characteristic for the state as a subject of the law. The state has no independent status as a subject of the civil law. Due to the relationship between the construction of the state and legal entities, we can assert the unity of the nature of their formation in the private law. The obvious special features of the state that are of a public-law nature do not exclude such features in the private-law sphere that are present in legal entity (organizational unity, property autonomy, independent property liability, participation in civilian circulation on its own behalf) do not change its goals in this area. The natural deficiency of the state capacity makes it impossible to realize its subjective civil rights and fulfill legal obligations in a way different from that established for its public-law functions, that is, through the state authorities. Such model of relations between the state and legal entities of public law fits into the design of the institution of representation. But this is not methodologically justified. Public authorities should not have legal entity status. The legal capacity of the state is revealed, its universal character is substantiated. Arguments are put forward in favor of the special legal capacity of the state authorities under the civil law of Ukraine. Keywords: capacity; legal entities; government authorities (search for similar items in EconPapers) Published in Journal of the National Academy of Legal Sciences of Ukraine, 2017, 91 (4), pp.67-77 Downloads: (external link) Related works: Export reference: BibTeX RIS (EndNote, ProCite, RefMan) HTML/Text Persistent link: https://EconPapers.repec.org/RePEc:hal:journl:hal-02488855 Access Statistics for this paper More papers in Post-Print from HAL |
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