Subjects of law are participants in legal relations. In the final analysis, the circle of those depends on the will of the state. The subject of law can be characterized by two main features:
1. This person, who is a participant in public relations (organization, individual), cannot actually be a carrier of subjective duties and rights according to his own characteristics. For this, it must have certain qualities associated with the free will of a collective of people, a person. These include personification, external isolation, as well as the ability to produce, express and exercise individual will.
2. This person, who can really participate in legal relations and in connection with legal norms, was able to acquire the properties of a subject of law. In other words, the legal basis for the performance of organizations, individuals, public entities as subjects of law is a mandatory basis.
The subjects of business law are divided into several types: legal entities, the state, business associations, municipal and state bodies, municipal associations, constituent entities of the Russian Federation, individual entrepreneurs.
Depending on whether there are or are no rights of a legal entity, a division into types of subjects of business law may be carried out. For representatives who are directly engaged in economic activities, the presence or absence of the rights of a legal entity is of great importance.
For entities directly involved in business activities, the rights of a legal entity also play an important role. Usually they are called business entities, and often they have the rights of a legal entity.
Such a comparison, however, cannot be recognized as correct. Although many business entities actually have the rights of a legal entity, there are those that are not legal entities, but carry out entrepreneurial activities.
An example here can be not only individual entrepreneurs (who are often called entities that operate without creating a legal entity), but also some collective ownership entities, for example, farms.
Copyright refers to an industry that recognizes the diversity of entities. Subjects of copyright are individuals and legal entities (public associations, companies, firms, etc.).
The definitions of “persons with legal personality” and “subject of law” coincide. In this case, the terms “person” and “subject” mean the same thing. The definition of “legal status” is much broader.
Speaking about him, they mean that it has legal personality and a certain set of fundamental rights that determine its legal status in society or in this area of public life.
For example, when they talk about the status of an official, they mean that he has a powerful administrative legal personality. That is, there are positions of authority and, thanks to its own competence, it has a certain set of peremptory powers, based on which certain issues are resolved.
The subject of law is an important element of the legal relations of all branches of law, however, the provisions of its subjects in each of them with certain specifics.
Citizens, stateless persons and foreign citizens act as individuals in civil matters. Non-profit and commercial organizations, municipal and state associations act as legal entities, the state is the third subject of civil legal relations.
The subject of law in administrative legal relations is officials, citizens, state bodies, and sometimes organizations - legal entities.
When a person or entity of a subject of law is recognized, its legal status is determined by law (position in relation to the state, state bodies and other persons).