CONCEPTS OF THE SUBJECT OF LAWJournal: International scientific journal "Internauka." Series: "Juridical Sciences" (Vol.1, No. 21)
Publication Date: 2019-11-30
Authors : Soich Oleg;
Page : 73-79
Keywords : subject of law; subject of legal relationships; legal personality; capacity; competence;
The subject of law is one of the main categories of legal science. Nevertheless, the issue of interpreting its essence remains debatable to this day. Determining the place of the subjects of law in the system of law has not only theoretical, but also great practical value, because it determines the orientation of the legal regulation of social relations and the nature of interaction between the subjects of legal relations. Increasing attention to this issue is nowadays associated with the intensification of research of activities of subjects of law in various fields of law. As much as their specificity reveals new features of the subject, as well updates the views on the essence of the subjects of law. The purpose of the article is to study the concept and basic features of the subject of law. Found that studies of the nature of the subjects of law in the domestic and foreign literature carried out within a few approaches. Valuable approach shaped by phenomenology, which resulted in the recognition by the spiritual essence of the subject, his own legal awareness. The conсept of such subjects is most relevant with doctrine of legal capacity. He has a natural ability for activity, which has the value-oriented nature. According to the traditional approach, the subject of law is a person, which is endowed with legal personality, may become a party to the legal relationship and perform within that limits certain rights and duties. The prerequisite for the legal status of a subject of law is acquiring the features of legal personality, which indicate the legal maturity of the subject. With entering into legal relations, it becomes the subject of legal relations, and getting the opportunity to realize its potential rights and opportunities in a specific area of law, as well as to be responsible for their actions.
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