Public legal education as subjects of civil legal relations...

Public Legal Education as Subjects of Civil Legal Relations

Civil status of the United States, US subjects and municipal entities

The United States, US entities and municipalities, like other civil rights actors, can participate in civil law relations. However, their legal capacity has a number of features, related primarily to the fact that they are the main subjects of public law - the bearers of power. At the same time, in private law relations, observing such an important principle of civil law as equality of the parties, the United States, US subjects and municipal entities give up their special position. According to paragraph 1 of Art. 124 CC they participate in civil law relations on an equal footing with other entities. And yet, the powers of the United States, US subjects and municipalities to intervene in civil-law relations are quite large.

The nature of the state as a subject of civil law is expressed in the fact that, although it is an organization, nevertheless, it does not act as a legal entity in civil turnover. Therefore, in United States civil law, the classification of entities is made up of individuals, legal entities and a special person - the state. However, the legislator for the state extends the rules that determine the participation of legal persons in civil relations. Thus, the state is equated to a legal entity, but not named as such.

The legal capacity of the United States , subjects of the United States and municipalities can not be the same as the legal capacity of individuals and legal entities. This is due to the fact that their legal nature, on the one hand, allows (or, on the contrary, does not allow) the United States, US entities and municipal entities to acquire a number of rights that are accessible (not available) to individuals and legal entities and assign (not assign) certain duties accessible (or inaccessible) individuals and legal entities. For example, a state can acquire property that does not have heirs, or issue government securities. But at the same time it can not transfer property by inheritance, have its own name. On the other hand, the United States, US entities and municipal entities participate in civil circulation in order to most effectively send public power, and not to satisfy their private interests. These goals and predetermine the legal capacity of the United States, its subjects and municipalities. On behalf of the United States and the subjects of the United States, by their actions they can acquire and exercise civil rights and obligations, appear in court state authorities within their competence, established by acts determining the status of these bodies (clause 1, article 125 GK).

Municipal entities are special participants of civil turnover. Under municipalities according to art. "2 of the Federal Law of 06.10.2003 No. 131-FZ" On the general principles of the organization of local government in the United States "; means a city or rural settlement, a municipal district, a city district or an inner city area of ​​a city of federal significance. On the territory of the municipality there is a local government, there are municipal property, a local budget and elected bodies of local self-government. On behalf of municipalities, by their actions, they can acquire and exercise civil rights and obligations local authorities within their competence, established by the acts determining the status of these bodies (clause 2, article 125 of the Civil Code). In the role of such bodies, a representative body of local self-government, an elected head of a municipal formation (if such a position is envisaged) and other bodies of local self-government can act.

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