Инструментальная природа правосубъектности: системный подход к проблеме

Abstract

The article attempts to apply the principles of a systematic approach to the study of legal personality. Considering legal personality as part of a higher-order system — the mechanism of legal regulation, the author substantiates its instrumental nature. It is proved that legal personality, being an auxiliary legal means, precedes any legal activity of the subject, creates a fundamental opportunity to participate in legal life. In this capacity, legal personality mediates both the statics and the dynamics of legal life. The article shows that the instrumental properties of legal personality are integrative, systemic in nature, arising as a result of system-forming functional connections between legal competence and the ability to act. The author argues that legal competence and the ability to act, taken separately, outside of the whole that unites them — legal personality — do not have an independent instrumental meaning. The present article reveals the structure of legal personality, formed by formed by the links of functional subordination between legal competence as the leading elements of legal personality and the ability to act elements ensuring the realization of legal competence.