The subjects of legal relations

The subjects of legal relations are participants in legal relations that are endowed with mutual obligations and rights. As a rule, these two parties. Witness and investigator, buyer and seller are the subjects of legal relations. However, there is also multilateral interaction. So, for example, every citizen is in legal relations with other entities, with the state as a whole. At the same time, the remaining parties are obliged to respect the human and civil rights, not to impede their implementation.

Diverse and numerous subjects of legal relations can be combined into two groups. Thus, individual and collective aspects of interactions are distinguished. Individual subjects of legal relations are, first of all, citizens of the country, foreign citizens, persons with dual citizenship and no citizenship at all. Collective parties should include state territorial formations (cities, subjects, states, regions, constituencies and other units), the population of these entities, organizations (public associations, commercial structures, government agencies and others). These are the main types of subjects of legal relations.

Citizens can be parties to different interactions. So, for example, in certain situations, they act as subjects of labor relations, housing, property, criminal law, family and others.

The ability to take part in certain interactions is determined by a special feature. This feature is called "legal personality." This criterion, in turn, consists of three components:

  1. Legal capacity - the ability to possess rights and obligations.
  2. Legal capacity - the ability to exercise legal capacity through independent action.
  3. Delictivities - the ability to bear legal responsibility for their actions .

One of the most important properties of a legal personality is the guarantee of its state. So, the relevant state bodies are obliged to provide entities with the opportunity to fully and unhinderedly exercise their rights, as well as fulfill the relevant duties.

It should be noted that legal personality is characterized by a different volume. So, for individual subjects, the volume depends on citizenship, age, and moral condition. So, for example, from sixteen years of age comes responsibility for all crimes, from fourteen - only to the most dangerous ones. From eighteen years a citizen can take part in the vote.

Citizens of their state are endowed with greater rights than foreigners. This applies to elections, political and other areas of public life.

In addition, there are certain restrictions on people who suffer from mental illness. Such restrictions, in particular, include the right to dispose of property, to participate in elections and so on. The extent of legal personality is influenced to a certain extent by both gender and citizen education. All this indicates that the real legal status of each citizen is not the same.

For state territorial units and the population, legal personality is established by the provisions of international legal acts, the Constitution, and other laws.

The ability to participate in certain interactions for government agencies is determined by their competence. The legal personality of individual entrepreneurs and organizations engaged in commercial, industrial and other activities, having the appropriate state registration, is established in accordance with the legal status.

Source: https://habr.com/ru/post/F2290/


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