Category «legal subjectity» as a means for theoretical cognition of sectoral appearances of legal subjectity
Journal Title: Альманах права - Year 2018, Vol 9, Issue 9
Abstract
The article deals with issues concerning to the possibility of using the category «legal subjectity» in the theory of law at different levels of its concretization, including cognition of sectoral appearances of this legal phenomenon. In the theory of law the category «legal subjectity» reflects al l the levels of existing of this legal phenomenon and its using to specific and individual external appearances of legal subjectity is the movement of theoretical cognition from abstract to concrete. Sectoral legal subjectity is realized in the legal space, the external boundaries of which are defined by the categories «general» and «single», that is, the sectoral legal subjectity is covered by the category «special». The latter is also endowed with a certain structure, levels of which in relation to the legal subjectity are reflections of the stages of this legal phenomenon objective differentiation in the process of its evolutionary development. In the theory of law, one can distinguish the following types of legal subjectity: a) public, private, private-public and public-private; b) uncompleted and completed; c) simple and complex; d) insufficient, normal, excessive; e) universal, special and exceptional, etc. Sectoral legal subjectity is covered by the first classification nominated as a). In particular, civil legal subjecty is the type of private legal subjectity, administrative legal subjectity is traditionally defined as subspecies of public legal subjectity. There are reasons for qualifying the economic legal subjectity as a kind of private-public legal subjectity. The external appearance of public-private legal subjectity takes place, in particular, when changing the format for implementation of public functions (for example, the exeсution of state power occurs in the mode of «service»), or when public authorities delegate its functions to a private-law entity. Further, for example, varieties of economic legal subjectity may be defined by the concepts of «productional-economic legal subjectity», «consumer-economic legal subjectity» and «organizational-economic legal subjectity».
Authors and Affiliations
Volodymyr Sichevliuk
Keywords
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