The doctrine of the subject of law in domestic jurisprudence: from the ideas of A. V. Mitskevich to modern innovations

 
PIIS160565900028966-6-1
DOI10.61205/S160565900028966-6
Publication type Article
Status Published
Authors
Affiliation: postgraduate student of The Institute of Legislation and Comparative Law under the Government of the Russian Federation
Address: Russian Federation,
Journal nameJournal of Russian Law
Edition
Abstract

The article reveals the conceptual foundations of the formation of the modern theory of the subject of law on the basis of the achievements that were made in this area during the Soviet period. The main attention is paid to the analysis of A.V. Mickiewicz's teaching about the subject of law. It is emphasized that the scientist inextricably linked the understanding of the subject of law with the concept of legal personality and its structure. He considered social relations to be the leading determinant of the subject of law, bringing to the fore in the theory of the subject of law not the personal, but the social aspect. The ideas of A.V. Mickiewicz are compared with the corresponding ideas of S.N. Bratusya, as well as other researchers. It is emphasized that in modern conditions, the development of the doctrine of subjects of law is influenced by the principles of post-non-classical scientific rationality with its inherent anthropocentrism. It is also noted that the theory of the subject of law is actualized by modern technological development, primarily digital and bio-technologies. It is concluded that the teaching of A.V. Mickiewicz about the subject of law retains its relevance at the present stage of the development of legal science. 

 

Keywords subject of law, legal personality, structure of legal personality, A.A. Mickiewicz, S.N. Bratus, legal status
Received06.12.2023
Publication date07.12.2023
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