Suchergebnisse

Recent years have witnessed a new upsurge in the development of the European legislation on new organizational and legal forms of legal persons in Europe. The article deals with issues of the legal mode of their operation. Attention is given to the specifics of legal status of legal persons of public law in legislation of individual countries, France in the first place as a citadel of effective and carefully thought out administration. Subjected to analysis is the history of emergence of the theory a legal person in France. Specified is the system of outlooks on a legal person in the comparative legal aspect. Discussed are nuances of using the term "legal person of public law" in a number of current constitutions. Studied are the issues of spreading the legal construction of legal person of public law over the post-Soviet space. Argumentation is given for need to use the construction of public legal person. Based on analysis of legal experience of foreign countries a conclusion is made that in terms of legislative regulation the formation procedure, the legal status and the legal operating mode of legal persons of public law must be determined by public law legislation whilst some general provisions pertaining to realization of their legal capacity must be governed by civil law conventions. © IDOSI Publications, 2014.

The article discusses the problem of empowering state with a status of a legal person. A system of views on the state in historical and comparative perspective is analyzed. A scientific approach is suggested and discussed, according to which the state under certain historical conditions is given the status of a legal entity of public law. The methodology of a theoretical construction of a state as a legal entity is investigated, while the social and the corporate aspects of the state are allowed for consideration at the same time. A series of approaches to the legal nature of a state as a legal personality is analyzed. A viewpoint is rationalized that the state as a legal entity is considered a single entity having dual standing: public law and private law ones. Conclusions are drawn about the need to further develop scientific perceptions on legal status of a state in Russian jurisprudence. The debatable nature of the doctrine of a state as a legal entity is stated. The article emphasizes the need to introduce the aforementioned doctrine into current legislation, while specifying the conditions for its introduction. © IDOSI Publications, 2014.