Legal Capacity of a Legal Entity: the Instrumental Aspect

The article attempts to investigate the legal capacity of a legal entity based on an instrumental approach. The authors examine the structure of a legal entity, the functions of a legal entity, and the economic foundations of its activities. The article provides an analysis of the content of the legal capacity of a legal entity and its types. Materials and Methods: the methodological basis of the work is an instrumental approach to law, which allows us to move from the analysis of formal legal to the study of the functional side of legal capacity. Literature review: the problem of legal capacity of a legal entity has been studied in the works of S.S. Alekseev, V.K. Artemenkov, S.I. Arkhipov, B.K. Begichev, J.R. Webers, S.N. Bratus, A.V. Venediktov, N.V. Vitruk, T.I. Illarionova, O.S. Ioffe, N.M. Korkunov, O.A. Krasavchikov, J.M. Magaziner, A.V.Mickiewicz, D.I. Meyer, G.F. Shershenevich and other authors. Results: based on the principles of the instrumental approach, the authors define legal capacity as a specific legal means used for state influence on the economy. Discussion and Conclusions: the difference between the general and special legal capacity of legal entities is seen not in the volume, but in their unequal functional load. Special legal capacity is considered as a legal means – restriction aimed at establishing socially necessary boundaries of the activity of a legal entity, and general – as a legal means – incentive, ensuring broad and proactive activity of a legal entity in the economic sphere.