System and administrative and legal status of subjects of relations in the sphere of improvement of human settlements
Journal Title: Держава та регіони. Серія: Право - Year 2018, Vol 4, Issue
Abstract
In the article, based on the general provisions on the theory of law and administrative law, a system of subjects of legal relations in the sphere of improvement of settlements has been determined, the peculiarities of their administrative and legal status have been clarified. The indicated norms of legislation show that the list of subjects in the field of improvement of settlements needs to be supplemented and clarified. Taking into account the provisions of the Constitution of Ukraine and other normative legal acts, the system of subjects of legal relations in the field of improvement of settlements in Ukraine is drawn up, which consists of: the state, the President, authorities (legislative, executive, judicial), local authorities, bodies of self-organization of the population, legal entities established in accordance with the Civil and Commercial Codes of Ukraine; individuals (citizens of Ukraine, foreigners, stateless persons). It is proposed to make changes in Art. 12 of the Law of Ukraine “On Improvement of Human Settlements”. The notion of legal status of subjects of legal relations is based on the theoretical provisions, which is to be the subject of law, and consequently, a party to a legal relationship can be a person who has a special legal quality - legal personality. In this case, the legal personality of legal persons is determined by the content of their competence, that is, the totality of the powers enshrined in the rules of law, and the legal personality of individuals includes: legal capacity - the ability of the subject to have subjective rights and legal obligations is determined by the rules of law; legal capacity is conditioned by the legal norms of the ability of the subject to take and exercise his subjective rights and legal obligations (including ability to do justice – the ability of a person to bear legal responsibility for the offenses committed) by their actions. Thus, the administrative and legal status of all subjects of legal relations in the field of improvement of settlements includes for individuals – rights and obligations, for legal entities – place in the corresponding system, tasks, functions, powers, competence, responsibility, specified in common and special regulations-legal acts.
Authors and Affiliations
П. С. Покатаєв
Keywords
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