Sichevliuk V. Evolution of the category «legal subjectity» (theoretical and applied framework)

Українська версія

Thesis for the degree of Doctor of Science (DSc)

State registration number

0521U100102

Applicant for

Specialization

  • 12.00.01 - Теорія та історія держави і права; історія політичних і правових вчень

29-01-2021

Specialized Academic Board

Д 26.236.03

Institute of State and Law. V.M. Koretsky National Academy of Sciences of Ukraine

Essay

The thesis is focused on the theoretical and applied framework of the evolution of the category «legal subjectity». It contains a certain historical and legal fragment, which describes the stages of the primary worldview understanding, and subsequent, really scientific comprehension of essential aspects of legal subjectity by human thought. The first stage was an encyclopedic, empirical description of the objectifications of legal subjectity, accompanied by inconsistent attempts at conceptual theoretical generalizations. In the second stage, by means of idealistic philosophy the idea of subjectity, including legal one, was completely abstracted from various forms of its empirical existence. In the third stage, the general theory of law gradually grants the concept of «legal subjectity» (which was previously a non-independent and divided predicate of the category «subject of law») integrity and independent status, and also provides it with a rich and specific content. The thesis examines the relationship of the category «legal subjectity» with other key categories of the theory of law – «subject of law», «rule of law», «legal relations», «legal status». Variants of understanding the category «legal subjectity» that are available in the modern theory of law are highlighted, and the author’s own point of view on these issues is presented. According to the author, the phenomenon, which in legal science is called a legal subjectity, is a part of objective law, which, on the one hand, is available to a social subject as a resource that can ensure the legitimate realization of its individual interests in society and, on the other hand, it is used by society as a means of purposeful counter-influence on the behavior of such a subject in order to implement and protect the interests of all other social figures. In short, we can say that legal subjectity is a fragment of objective law that has become an attribute of a social subject. It is argued that the structure of legal subjectity is fundamentally three-element and includes legal capacity, delictual capacity and active capacity. The research has a clear epistemological orientation. The result of the theoretical and applied search was a number of new notions, namely: «universal legal subjectity», «special legal subjectity» «exclusive legal subjectity», «incomplete legal subjectity», «fractional legal subjectity», «fragmentary legal subjectity», «combined legal subjectity», «simple legal subjectity», «complex legal subjectity», etc. Features of «public legal subjectity», «private legal subjectity», «private-public legal subjectity» and other notions are highlighted. Most of the notions proposed by the author are new. General theoretical and applied aspects of the category «legal subjectity» are considered in statics as well as in the process of their evolutionary changes (that is, in general and individual dynamics). It is emphasized that the phenomenon of legal subjectity is developing through an evolution. The thesis highlights the realities and possibilities of pragmatic implementation of this category in legislation and law-enforcement practice. The author has chosen those areas of legislative regulation, which are most relevant for today and concerning the complex legal subjectity inherent in the associations of persons, administrative-territorial entities and the state. It is pointed that the creation of a system theory of legal subjectity (in the form of a section of the general theory of law with a relatively autonomous subject of research, specific methodological tools, and its own conceptual apparatus) will be a serious step of legal science towards the understanding of those regularities which are of fundamental significance for the legal reality as a whole.

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