Transformation of the Legal Personality of Participants in Public Legal Relations (on the Example of Executive Authorities)

Abstract

Such a category as “publicity” implies, first of all, the openness of a certain space of interaction between certain agents, and in this regard, the content of the concept of public policy is determined through free communication between its agents. In Part 3 of Article 132 of the Basic Law, the category “unified system of public power in the Russian Federation” is legally fixed. Public authorities and local self-government bodies are included in this system. At the same time, it is not always possible to orient oneself correctly in the field of the legal personality of the body. Executive authorities carry out two basic functions: an administrative function, within which the powers to execute laws and administrative and administrative powers (including discretionary) are exercised, and a governmental (political) function. Analysis and synthesis, generalization, analogy and modeling. The methods allowed us to build a system of arguments, on the basis of which we came to scientifically sound conclusions and results. The article reflects the legal personality and characteristic features of executive authorities. On the basis of legal personality, competence is formed, which represents a set of legally established ways of performing public functions and is an artificially constructed concept by scientists to characterize the subject of law, consisting of three structural elements: legal capacity, capability and delictability.