The Legal Personality Of The State (Civil Aspects)


  • A.V. Kostruba


state, legal capacity, capacity, legal person, legal personality.


Article deals with the investigation the legal nature of the state. It was found that the state is the allied unity of settled people provided with primary power of primacy. The essence of the state lies in creation of conditions for the development of the civil society, implementation of shared interests of members of society.

The state is considered through a set of features arising from its social nature. The substrate of the concept of the state consists of objective social phenomena that occur in a civil environment. This design allows considering the state in another social progression. The state has no organizing role. It does not perform the functions of the foundation of civil society. The state is the instrument of creation and proper development of such society. The aforementioned information clearly indicates that the state has derived significance of the will of individual. It is an artificial creation the occurrence of which caused by the implementation of social interests of individuals or groups of individuals.

Since the state is a union of interests of persons united in the unified social organism for their support, the fact that the legal entity as a legal person synthesizes in itself not only characteristics peculiar to the corporation, but also characteristics peculiar to the state as a legal person is justified.