Legal Personality Of Individuals Research Articles

Legal status of subjects of public relations in the procedural law of the future of Azerbaijan

The relevance of the research lies in the fact that a clear definition of the legal status of procedural relations subjects of a public nature will contribute to an effective activity in the field of law enforcement and law enforcement activities in the future. The purpose of the study is to analyse the legal regulation of the status of the specified subjects in criminal and administrative proceedings. In accordance with the set goal, the task of the research is to determine the structure and content of the legal status of the subjects of procedural relations of a public nature, to analyse the current legislation of the Republic of Azerbaijan, which regulates their legal status, as well as to clarify and distinguish its specifics in criminal and administrative processes. When conducting the research, general and special methods of scientific knowledge were used. The result of the research was the substantiation of the proposition that the function of establishing law, stabilising social relations, is most clearly expressed in relation to the procedural status of various subjects: establishing the basic rights and freedoms of a person and citizen, the competence of bodies and officials, the legal personality of individuals and legal entities. The conclusion of the study was the argumentation of the position that the advantage of procedural legal personality in administrative and criminal proceedings, compared to the status of other subjects of procedural relations of a public nature, is the strict enshrining in the legislation of the procedural rights of participants in administrative-procedural relations and criminal-procedural relations and possibilities of their implementation. When conducting the research, the ScienceDirect search tool was used, with the help of scientific articles relevant to the topic of the research were selected, which were analysed during its implementation.

CIVIL LEGAL PERSONALITY OF PHYSICAL ENTITIES: THE CONTENT EVOLUTION

The article is devoted to the memory of the outstanding Russian scholar Dmitriy I. Meyer (1819—1856) — the ancestor of Russian civilistics who declared that the rights of individuals depend on different circumstances that are, to some extent, natural and, to some extent, historical. Meyer’s statement that “there are different degrees of insanity: sometimes it is stronger, sometimes weaker” turned out to be accepted by the Russian legislator only in 2015 by making appropriate changes in the Russian legislation regarding the problem of legal capacity of citizens. The paper has investigated the evolution of the content of legal personality of individuals in the field of private legal relations, including family relations, as well as in the field of relations complicated by a foreign element, i.e. in the field of private international law. On the basis of the analysis, the author explores a civil legal personality of a natural person category as her ability to be a subject of civil law including such elements as capacity and legal capacity. Civil capacity should be understood as a legally equal abstract opportunity for everyone to have civil rights and duties. It is unacceptable to consider capacity as a subjective right to have the right: this leads to an unjustified doubling of the category of “subjective right” and hinders a proper understanding of the mechanism of civil regulation. The article investigates the subjective right as implementation of capacity of a particular person, and, therefore, citizens being legally equal in their capacity, to be not equal in the presence of specific subjective rights that constitute the content of their capacity in the abstract form. The authors have analyzed the amendments to the Civil Code of the Russian Federation introducing a new basis for limiting the legal capacity of citizens, as well as taking into account the degree of actual reduction of the ability of citizens to understand the meaning of their actions or to be in control of such actions. The article analyzes the conflict-of-laws principles of determination of capacity and legal capacity of foreign citizens. Jurisprudence, along with the recognition of the national regime of foreign citizens on the territory of the Russian Federation, indicates the need to apply foreign laws in determining the civil capacity and legal capacity of foreign nationals. The article analyzes the private law component of the institute of retortions the immediate purpose of which is to protect private rights and legitimate interests of Russian citizens. Thus, the content of the concept of civil personality of natural persons in the field of private law relations that consists of such categories as capacity and legal capacity evolves into the recognition of equality and the protection of the interests of all persons on the basis of the principles of justice, humanity and reasonability. At the same time, the State secures legal guarantees applied for the completion of the legal capacity of minors and certain categories of adult citizens through institutions of parental responsibility, guardianship and custody and establishes procedural guarantees of observance of the rights of these persons in judicial proceedings.

ПРАВОВОЕ ПОЛОЖЕНИЕ ГРАЖДАН КАК СУБЪЕКТОВ УПРАВЛЕНИЯ СОЦИАЛЬНЫМИ РИСКАМИ

Introduction: the article analyzes current legislation of Russia and some foreign countries as well as the views of Russian and foreign scholars on the legal status of individuals as subjects of the social security legal relations in the context of the social risk management (SRM) conceptual framework. Purpose and objectives: based on the modern ideas of social risks, to study the status of individuals as actors within the SRM system having specific rights and responsibilities. Methods: analysis and synthesis of scientific and legal information, historical and comparative methods. Results: today social security is considered a vital part of the SRM system. Having analyzed the specific features and dynamics of social risks, the authors conclude that to some considerable degree these risks are subjective in nature, which should determine a more active role of individuals. The article analyzes not only the legal personality of individuals in the social security legal relations but also – in a broader context – their agency in the SRM system. The authors provide examples of legislative regulation in some foreign countries: the French Republic, the Grand Duchy of Luxembourg, the United States of America. Different models of the individuals’ participation in the SRM system are presented. Based on the extent of different SRM subjects’ involvement and the distribution of the responsibility for the protection against social risks among them, the authors identify paternalistic, market-based (liberal), mixed (complex), and transitional models. Based on the extent of the individual’s interest in the protection against social risks and their readiness for taking actions in this sphere, the authors distinguish active and passive SRM models (with the latter one including indifferent and parasitical models). Conclusions: the paper offers a new approach to the understanding of social risks and protection against these (including through social security), and also to the role of individuals as subjects of social risk management.

Problems of International Legal Personality of Individuals

Problems of International Legal Personality of Individuals

Theory and practice of legal regulation labor incapable employees

The study of the legal personality of citizens recognized as legally incompetent by the court is timely and relevant in the light of the recent changes in the civil legislation of the Russian Federation, as well as the emerging trends in the development of judicial practice. In the doctrine of labor law, the legal personality of individuals is observed as an independent category of labor law, differing in this capacity from other related legal categories, in particular from civil legal capacity and legal capacity. At the same time, the labor legislation of the Russian Federation has made an unsuccessful attempt to receive the norms of civil legislation in relation to the employer — an individual who is recognized incapable by the court. At the moment, the Russian legislator with regard to the possibility of concluding an employment contract on the part of an employee recognized as legally incompetent took the position of “qualified silence”, which today can hardly be called successful for a number of reasons indicated in the proposed study. The study of the legal personality of citizens recognized as incapable makes it possible to assess the level of compliance of Russian legislation with international social and labor standards, determine the vectors for its further development and improvement in terms of optimal protection of human rights and citizenship. The main methods of the research were system and complex analysis of regulatory legal acts of the Russian Federation and a number of other countries and international organizations; Comparative method, which made it possible to compare the international regulation of the participation of incompetent citizens in the work activity with Russian labor legislation, as well as the labor legislation of certain countries of the near and far abroad; Method of expert assessment, based on the analysis of court decisions and scientific publications on the participation of incapacitated persons in labor relations. The results of the study are both theoretical and practical, and suggest some directions for improving the labor legislation of the Russian Federation on the participation in labor relations of citizens recognized by the court as legally incompetent.

Oпределение и основания международной правосубъектности физических лиц как значительного и сложного явления в международном праве

Oпределение и основания международной правосубъектности физических лиц как значительного и сложного явления в международном праве

Общие теоретические взгляды понимания международной правосубъектности физических лиц как комплексного явления

Общие теоретические взгляды понимания международной правосубъектности физических лиц как комплексного явления