Колективні суб’єкти як особливий різновид суб’єктів права
Journal Title: Державне будівництво та місцеве самоврядування - Year 2018, Vol 1, Issue 35
Abstract
The article is devoted to discussing the specifics of the essence, features and legal nature of collective subjects of law. There have been review of the current state of scientific research in this field. It was found, that in the modern domestic science there are such major areas of study of collective subjects of law. In studies of common – by the totality of common features inherent in various types of legal relationships; in special legal research – by the set of features inherent in a particular field of law. In comparison with special legal studies, in the general theoretical plane, this problem has not found proper scientific development. It was found, that there are such common features of collective subjects of law as competence, authority, binding action. The combination of these properties involves the development of appropriate legal regulation. Also are the stability of the organizational structure, or the continuity of the legal rules that distinguish this organization; availability of internal structure and organization of its components; the presence of specific functions and powers inherent to the organization as a collective entity. The purpose of the collective subjects is realization of the collective`s or social group`s interest. This process takes place through the allocation, separation of the part of the legal qualities, properties, and other elements of the legal personality of the person with their subsequent unification of the form of the collective subject of law. Sectoral approaches to the vision of the essence of collective subjects are determined by the peculiarities of the subject of legal regulation. Thus, in electoral law they are characterized as organized, separate groups of citizens, who have acquired the right, in the established order, to represent their own interests in the electoral legal relations as community. Here, the collective subjects of law have such specific features as acquisition of rights and responsibilities to society; availability of dynamic and static elements of legal status; the existence of a certain ideology of social development, which determines the activities of the organization and its structural bodies, etc. In addition, it considered the specific features of such collective subjects of public law as the Verkhovna Rada of Ukraine, the Cabinet of Ministers of Ukraine. It was found that the conventional approach is the definition of collective subjects of law in public administration as a public authority, authorized to perform certain functions in a particular field of competence. Differences between state bodies are due through the order of foundation, in terms of subordination, in the procedure for the exercise of powers, in performing of specific functions and tasks In addition, it considered the elements of legal regulation of some collective subjects of public law as territorial communities, civic organizations and political parties.
Authors and Affiliations
O. V. Soich
Keywords
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- EP ID EP612755
- DOI 10.31359/1993-0941-2018-35-228
- Views 81
- Downloads 0
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