The answer to the question of what the subject is, especially in the outline of legal relations, plays a huge role in the formation of the organization of society. What is such confidence? Of course, the fact is that the subject is the central element, without which the formation of the basic cells of the existence of human associations is impossible.
Essence defines behavior
Considering the question of what a subject is without regard to any sphere, it is almost always possible to give an unmistakable answer. This is either one or a community of individuals united on some basis. It is this statement that gives the right to say that the existence of any relationship, including legal, depends on the subject. And if it is, therefore, there must be a certain set of powers and responsibilities associated with it.
In science, the designated complex is usually denoted by legal personality. It, in turn, is divided into three main areas: legal capacity, tort, and legal capacity. All three characteristics are inherent in the object under consideration, but what form they can take depends only on what constitutes a legal entity.
Types and their characteristics
What is a subject? The answer to this question also depends on who it is. So, in science it is customary to distinguish between individuals, their organizations of various types and social communities. Let's talk about each separately.
So individuals. In the theory of the state, it is customary to classify them by the presence of the citizenship of the country in which they are at a particular point in time. Consequently, there are non-citizens and citizens. The former, in turn, are divided into foreigners and persons with a multitude of citizenships or without it. Their legal capacity is generally the same, with the exception of political rights, namely in the electoral sphere. It arises at birth. In contrast, full legal capacity is acquired from the moment of coming of age, which is determined depending on the host country. Tort is also acquired with her.
Organizations are both a more complex and simpler type of entities. The fact is that they have full legal personality from the moment of registration or approval in the country of residence. But at the same time, the content of all three characteristics is regulated in detail by special acts. For example, the subjects of Russia. Their existence is regulated not only by the Constitution, but also by special federal and local acts that detail their activities in the light of the legal capacity granted.
Organizations can be divided into two types: non-state (societies, partnerships, associations) and state (the country itself as a community of individuals, its bodies, enterprises and institutions).
Social communities are special entities whose existence is of great value to constitutional and international law. These include the people, the population of a particular region or nation. As a rule, all of them have their own special status of legal personality, fixed in special documents of the highest state order or international acts.
Thus, the answer to the question of what the subject should look like this: it is a forming element of all law, on which the whole diversity of relations and their legal regulation depends .