Известия высших учебных заведений. Поволжский регион: Общественные науки (May 2024)
Significance of the Constitution for determining boundaries of legal personality of state
Abstract
Background. Modern society is a complex mechanism of interacting subjects, relations between which are regulated by a system of various norms. The central place is given to legal norms in this system. The basic link for the social mechanism is a bundle of “man – stateˮ, the foundations of which are spelled out in the constitution. If the topic of the legal personality of a citizen of the state is a popular topic for scientific discussions, then the issue of the legal personality of the state receives less attention, although it is no less important from a theoretical and practical point of view. That is why the purpose of this research is to study the concept of the legal personality of the state, to determine the influ-ence of the constitution on the formation of the limits of legal personality, the powers of state. Materials and methods. To achieve this goal, it was necessary to study scientific works in the field of theory of state and law, constitutional law on the topic of the legal personality of the state, international normative legal acts, modern Russian legislation. The methodological basis of the study was a set of general scientific and private scientific methods of studying phenomena and processes, including such methods as: materialistic, historical-legal, systemic-legal, comparative-legal and others. Results. Within the frame-work of the study, the definition of the legal personality of the state within the framework of constitutional legal relations was given, the assessment of the legal personality of the state in comparison with the legal personality of a legal entity was given. The general con-cept of legal personality is studied; its types are described by the example of main subjects of constitutional legal relations. The role of the constitution in the process of formation of the state is indicated. Conclusions. The conducted research has shown the need for further development of the problem of the legal personality of the state, its significance and high scientific potential have been proved. At the same time, special attention should be paid to the topic of the impact of the provisions of the Constitution on the legal status of the state. Since the constitution is actually an act of legitimation of the state, acting as a foundation that establishes the boundaries of the powers of the state.
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