SUBJECTS OF LAW AS THE ELEMENTS OF THE LEGAL SYSTEM OF SOCIETY
Journal Title: Науковий вісник Херсонського державного університету. Серія «Юридичні науки» - Year 2018, Vol 1, Issue 4
Abstract
The article examines the nature of the subjects of law as elements of the legal system of society, through the analysis of the peculiarities of their law-making, law-application, law-interpretative authorities. Significant changes that accompany the development of modern legal world systems are inherent in both systems in general, and their types, and their structural elements. Like any other system, the legal system consists of elements, and its stable functioning is ensured by their structural order, interaction with each other, and, at the same time, autonomy and changeability. In the legal system, the primary element, the carrier of its minimum properties is the subject of law (physical and legal persons). The legal subject will be recognized as an element of the legal system in the presence of a number of features, such as: must be the carrier of the minimum properties of the system, except for the properties of its integrity; must be a bearer of rights and obligations; must have legal status and legal personality determined in current sources; must be an active volitional subject; must be a personified element of the system. In the modern theory of law and the state, the legal subject is central to the whole legal reality, often with it many scientific studies begin. This corresponds to the etymology of the word “subject”, which in translation from Latin means “lying under”. The subject acts as a carrier of subject-practical activity and knowledge, a source of activity and development of progress. Although the question of the nature of the legal subjects is not deprived of attention in the legal literature, the dynamic approach within the theory of law is less developed than static, and their interactions are not traced. It is worth emphasizing that law interpreters have the power to objectify the rules of clarification of the content of the norms and principles of law in interpretative and legal acts. Scientists note that the legal binding of a legal interpretation, its legal significance depend on the legal position of the subject of interpretation, its authority regarding the official interpretation of the content of the norms and principles of law. If the interpretation is official, it is carried out by an authorized body, is objectified by a special act, and is formally binding for a certain circle of subjects of law enforcement.
Authors and Affiliations
І. Ю. Настасяк
Keywords
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