The dissertation is an independent completed scientific work, which is devoted to the study of general theoretical principles of legal personality of individuals in civil law. The most controversial problems that arise in the field of its implementation by individuals are identified and specific ways to solve them are proposed in order to improve the current legislation and practice of its application.
The work identifies the main trends in the historical and legal development of the concept of «individual» and establishes the specifics of its understanding in the legal doctrines of different times. During the historical digression it was proved that the modern understanding of the category «individual» in national civil law is largely based on the achievements of European legal doctrine, which gradually established the ideas of the rule of law and civil society, i.e. the values Ukraine has chosen since independence. General scientific approaches to understanding the legal personality of an individual are considered.
Individualizing features of an individual are studied. Given the characteristics of the individual as a biosocial being, i.e. the combination of physiological and social factors in his/her essence, the expediency of differentiating of the individualizing characteristics of the individual into physiological and social is proved. It is established that the physiological means of individualization of an individual, due to its biological nature, are a set of unique external and internal characteristics of the human body of an individual, which identify it among other persons. These include: gender, age, eye color, fingerprints, blood type, special external signs etc. In turn, the social means of individualization of individuals, based on the sociality of the individual, i.e. self-awareness of a member of society with its inherent interpersonal relationships, include: name and surname of the individual, place of residence and place of registration, date and place of birth, citizenship, civil status, electronic signature etc.
Special attention is paid to the study of the concepts of civil legal capacity and active legal capacity, their development in civil legal doctrine. The author's definition of the concept of «civil legal capacity of an individual» is given, as well as its main features are proposed, among which: the absolute nature of civil legal capacity by subject composition; equality of legal capacity of individuals; natusiality of civil capacity; complex nature of the functional structure of civil legal capacity etc.
The theory of «dynamic legal capacity» is analyzed and improved, its influence on the Ukrainian legal system is determined. The most problematic aspects of the exercise and protection of subjective civil rights by minors and juveniles within their legal capacity, as well as persons with disabilities are considered.
It is proved that in order to empower the category of minors in modern civil law there are needs to improve the requirements of legislation to establish a minimum age for partial active legal capacity, expand the active legal capacity of minors, and give them the opportunity to apply for free legal assistance in order to protect their subjective rights and interests, including civil ones.
Particular attention is paid to determining the impact of innovative technologies on the legal personality of the individual and the prospects for legal regulation of their use. Three main approaches to determining the legal status of robots are revealed: 1) the approach to the perception of robots with artificial intelligence exclusively as objects of civil law, according to which they should be subjected to the legal regime of things; 2) the approach to the perception of robots with artificial intelligence exclusively as subjects of civil law, according to which robots with artificial intelligence are perceived as bearers of subjective rights and responsibilities that are able to act independently and realize and evaluate the meaning of their actions and the actions of others ; 3) the approach to the differentiated determination of the place of robots in the structure of civil relations, according to which robots can be both subjects of civil legal relations and objects.
