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State in the system of subjects of civil law of ukraine
[Держава В Системі Суб’Єктів Цивільного Права України]

Author

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  • Anatoliy Kostruba

    (Vasyl Stefanyk Precarpathian National University)

Abstract

The article is devoted to studying the place of the state in the system of subjects of the civil law. It is noted that the realization of the interest of individual achieved by his/her individual actions, by means of combining individuals or a combination of capital, which leads to the creation of independent legal structure in the civil law, which becomes a fiction of the individual namely. Since the state is an alliance of the interests of persons united in a single social organism in order to ensure their implementation, it is logical that legal entity synthesizes not only the characteristic features of a corporation, but also the features that are characteristic for the state as a subject of the law. The state has no independent status as a subject of the civil law. Due to the relationship between the construction of the state and legal entities, we can assert the unity of the nature of their formation in the private law. The obvious special features of the state that are of a public-law nature do not exclude such features in the private-law sphere that are present in legal entity (organizational unity, property autonomy, independent property liability, participation in civilian circulation on its own behalf) do not change its goals in this area. The natural deficiency of the state capacity makes it impossible to realize its subjective civil rights and fulfill legal obligations in a way different from that established for its public-law functions, that is, through the state authorities. Such model of relations between the state and legal entities of public law fits into the design of the institution of representation. But this is not methodologically justified. Public authorities should not have legal entity status. The legal capacity of the state is revealed, its universal character is substantiated. Arguments are put forward in favor of the special legal capacity of the state authorities under the civil law of Ukraine.

Suggested Citation

  • Anatoliy Kostruba, 2017. "State in the system of subjects of civil law of ukraine [Держава В Системі Суб’Єктів Цивільного Права України]," Post-Print hal-02488855, HAL.
    • Handle: RePEc:hal:journl:hal-02488855
    Note: View the original document on HAL open archive server: https://hal.science/hal-02488855
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    References listed on IDEAS

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    1. Giuseppina Gianfreda & Giovanna Vallanti, 2017. "Institutions' and Firms' Adjustments: Measuring the Impact of Courts' Delays on Job Flows and Productivity," Journal of Law and Economics, University of Chicago Press, vol. 60(1), pages 135-172.
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