LawState and Law

Competence of citizens

The rapid development of the modern world influences many basic concepts, changing them. However, it should be noted that the terms "legal capacity" and "legal capacity" of citizens have not undergone significant changes. The meaning of the concepts remained the same.

Civil capacity is the ability of a person to have civil rights. This concept also provides for the fulfillment of duties and responsibility.

The citizens' capacity to act is the ability of the subjects to obtain and realize their civil rights, to form duties, to fulfill them.

Together, these two abilities constitute the personality of the individual.

The capacity of citizens has characteristic features. One of them, in particular, is the ability of a person to personally carry out legal actions that involve the acquisition and exercise of rights and obligations.

At the same time, the citizens' capacity to act provides for a correct, adequate assessment, awareness of the actions taking place that have legal significance. In other words, the indicated property of the subject depends on the maturity and age of the face. At the same time, mental maturity depends on the age and mental state (health) of a person. In this regard, the legislator is not in a position to arbitrarily fix the moment from which the full capacity of citizens is established. Thus it is necessary to take into account medical norms of mental, moral maturation of the person. In this regard, the capacity of people at different ages and with different mental states is significantly different.

The concept includes several elements. Thus, legal capacity provides for people's ability to independently exercise their rights, to execute transactions, acquiring in their result new rights and obligations, as well as the ability to bear civil liability for damage caused by their unlawful acts.

Legally, the concept presupposes the active participation of a person in economic circulation, the realization of his property rights ( property rights, mainly), economic life, as well as the embodiment of his non-property rights. Along with this, there is an important fact. All other participants in the turnover can always rely on the use of liability measures against a capable citizen who violated the obligation or caused damage to property.

Thus, this category is of particular value in connection with what legally reflects the position of the individual in the sphere of relations, both property and non-property.

The capacity to act in its essence is different in that it means the possibility for a citizen to behave in a certain way. Along with this right, however, it is the duty of people surrounding people not to admit his wrongdoings.

The elements contained in the capacity category are closely related to the components that make up the concept of legal capacity. If the content of the latter is the duties and rights, the former is characterized by the availability of the ability to acquire and realize them through independent actions. Thus, in summarizing all that has been said, a conclusion is drawn that the capacity to act represents the opportunity provided by law to exercise its legal capacity through its deeds.

Both of these concepts are inalienable. Restriction of citizens' capacity to act can be carried out exclusively in the manner and in the cases established by the provisions of the law.

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