Limitations of legal status: theoretical approaches and explanatory concepts

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The article contains a study of the actual theoretical problem of limiting the legal status. The authors proceed from the fact that this problem in real legal practice is solved by the legislator without the use of any system of rational, theoretically verified rules, norms and principles for the implementation of the restriction of legal status. Because of this, the development of theoretical foundations for the practice of applying restrictions on the legal status becomes an urgent theoretical task, for which the authors first consider the general concept of legal status, the existing approaches to this issue in theoretical and legal science, and then formulate general doctrinal ideas about the essence of legal restrictions legal status, form scientific ideas about their varieties and practical approaches of the legislator in this direction. In the study, the authors proceed from the fact that the composition (set) of subjects of law does not coincide with the number of holders of legal status, which leads to the conclusion that legal personality (of a person, body) can take place, but the legal status (as well as its limitations) this to be absent.The authors of the study came to the conclusion that legal restrictions are a characteristic of the current (positive) law, implying the withdrawal of one or more powers (as well as legal obligations) from the general, special or individual legal status of the subject of law as a result of a legal procedure.

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Subject of law, legal personality, legal status, legal restrictions

Короткий адрес: https://sciup.org/14125255

IDR: 14125255

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