Modern status of legislative regulation of the activities of government authorities

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The article is devoted to the analysis of the legislative consolidation of the legal status of public authorities, in particular, the issue of conferring on the bodies of state power the status of a legal entity. The authors note that the current Russian legislation does not always determine that public authorities are legal entities. Meanwhile, the rights and obligations of a legal entity are an important element of the legal status of public authorities, allowing them to become participants in civil legal relations. In this regard, the authors identify three groups of public authorities: public authorities, which are legal entities by virtue of the direct consolidation of this provision in the law; bodies of state power in respect of which the legislator has consolidated the wording "have the rights of a legal entity" and public authorities that are not legal entities and do not have the appropriate rights. In this regard, the authors identify three groups of public authorities: public authorities, which are legal entities by virtue of the direct consolidation of this provision in the law; bodies of state power in respect of which the legislator has consolidated the wording "have the rights of a legal entity" and public authorities that are not legal entities and do not have the appropriate rights. Investigating the characteristic features and peculiarities of state authorities as legal entities, the authors come to the conclusion that the presence or absence of the status of a legal entity from the authority determines the limits of its legal capacity, in particular, determines the possibility to treat the public authority as a full-fledged subject of legal responsibility. In this regard, the article also examined the conceptual issues of determining the presence or absence of guilt in the activities of public authorities. It is noted that this issue is debatable in the Russian legal science, and the Russian legal doctrine has not yet developed a unified approach on the issue of what is the fault of a collective entity, especially if it is a public authority.

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Public authority, legal entity, legal status of public authorities, public authority as a legal entity

Короткий адрес: https://sciup.org/147150257

IDR: 147150257   |   DOI: 10.14529/law180112

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