IDEAS home Printed from https://ideas.repec.org/p/hal/journl/hal-02488855.html
   My bibliography  Save this paper

State in the system of subjects of civil law of ukraine
[Держава В Системі Суб’Єктів Цивільного Права України]

Author

Listed:
  • Anatoliy Kostruba

    (Vasyl Stefanyk Precarpathian National University)

Abstract

The article is devoted to studying the place of the state in the system of subjects of the civil law. It is noted that the realization of the interest of individual achieved by his/her individual actions, by means of combining individuals or a combination of capital, which leads to the creation of independent legal structure in the civil law, which becomes a fiction of the individual namely. Since the state is an alliance of the interests of persons united in a single social organism in order to ensure their implementation, it is logical that legal entity synthesizes not only the characteristic features of a corporation, but also the features that are characteristic for the state as a subject of the law. The state has no independent status as a subject of the civil law. Due to the relationship between the construction of the state and legal entities, we can assert the unity of the nature of their formation in the private law. The obvious special features of the state that are of a public-law nature do not exclude such features in the private-law sphere that are present in legal entity (organizational unity, property autonomy, independent property liability, participation in civilian circulation on its own behalf) do not change its goals in this area. The natural deficiency of the state capacity makes it impossible to realize its subjective civil rights and fulfill legal obligations in a way different from that established for its public-law functions, that is, through the state authorities. Such model of relations between the state and legal entities of public law fits into the design of the institution of representation. But this is not methodologically justified. Public authorities should not have legal entity status. The legal capacity of the state is revealed, its universal character is substantiated. Arguments are put forward in favor of the special legal capacity of the state authorities under the civil law of Ukraine.

Suggested Citation

  • Anatoliy Kostruba, 2017. "State in the system of subjects of civil law of ukraine [Держава В Системі Суб’Єктів Цивільного Права України]," Post-Print hal-02488855, HAL.
    • Handle: RePEc:hal:journl:hal-02488855
    Note: View the original document on HAL open archive server: https://hal.science/hal-02488855
    as

    Download full text from publisher

    File URL: https://hal.science/hal-02488855/document
    Download Restriction: no
    ---><---

    References listed on IDEAS

    as
    1. Giuseppina Gianfreda & Giovanna Vallanti, 2017. "Institutions' and Firms' Adjustments: Measuring the Impact of Courts' Delays on Job Flows and Productivity," Journal of Law and Economics, University of Chicago Press, vol. 60(1), pages 135-172.
    Full references (including those not matched with items on IDEAS)

    Most related items

    These are the items that most often cite the same works as this one and are cited by the same works as this one.
    1. Andrea Garnero & Claudio Lucifora, 2022. "Turning a ‘Blind Eye’? Compliance with Minimum Wage Standards and Employment," Economica, London School of Economics and Political Science, vol. 89(356), pages 884-907, October.
    2. Pierre Cahuc & Stéphane Carcillo & Bérengère Patault & Flavien Moreau, 2024. "Judge Bias in Labor Courts and Firm Performance," Journal of the European Economic Association, European Economic Association, vol. 22(3), pages 1319-1366.
    3. Baoqing Tang & Bo Gao & Jing Ma, 2021. "The impact of export VAT rebates on firm productivity: Evidence from China," The World Economy, Wiley Blackwell, vol. 44(10), pages 2798-2820, October.
    4. Bratti, Massimiliano & Conti, Maurizio & Sulis, Giovanni, 2018. "Employment Protection, Temporary Contracts and Firm-Provided Training: Evidence from Italy," IZA Discussion Papers 11339, Institute of Labor Economics (IZA).
    5. Emanuela Carbonara & Giuseppina Gianfreda & Enrico Santarelli & Giovanna Vallanti, 2021. "The impact of intellectual property rights on labor productivity: do constitutions matter? [Research and development in the growth process]," Industrial and Corporate Change, Oxford University Press and the Associazione ICC, vol. 30(4), pages 884-904.
    6. Giuseppina Gianfreda & Giovanna Vallanti, 2020. "Labor Courts and Firing Costs: The Labor‐Market Effects of Trial Delays," Industrial Relations: A Journal of Economy and Society, Wiley Blackwell, vol. 59(1), pages 40-84, January.
    7. Biancardi, Daniele & Lucifora, Claudio & Origo, Federica, 2022. "Short-time work and unionization," Labour Economics, Elsevier, vol. 78(C).
    8. Maria De Paola & Roberto Nisticò & Vincenzo Scoppa, 2020. "Fertility Decisions And Employment Protection: The Unintended Consequences Of The Italian Jobs Act," Working Papers 202003, Università della Calabria, Dipartimento di Economia, Statistica e Finanza "Giovanni Anania" - DESF.
    9. Andrea Garnero & Claudio Lucifora, 2020. "Turning A Blind Eye? Compliance To Minimum Wages And Employment," DISCE - Working Papers del Dipartimento di Economia e Finanza def085, Università Cattolica del Sacro Cuore, Dipartimenti e Istituti di Scienze Economiche (DISCE).
    10. Bratti, Massimiliano & Conti, Maurizio & Sulis, Giovanni, 2019. "Employment Protection and Firm-Provided Training: Quasi-Experimental Evidence from a Labour Market Reform," IZA Discussion Papers 12773, Institute of Labor Economics (IZA).
    11. Giuseppina Gianfreda & Giovanna Vallanti, 2015. "Labour Courts delays and the composition of employment: Is labour encouraged or endangered by institutions?," Working Papers LuissLab 15121, Dipartimento di Economia e Finanza, LUISS Guido Carli.
    12. Bottasso, Anna & Bratti, Massimiliano & Cardullo, Gabriele & Conti, Maurizio & Sulis, Giovanni, 2023. "Labor Market Regulation and Firm Adjustments in Skill Demand," IZA Discussion Papers 16262, Institute of Labor Economics (IZA).
    13. Gianluca Cerruti & Gianluca Mazzarella & Mauro Migliavacca, 2023. "Employment protection legislation and household formation: evidence from Italy," Review of Economics of the Household, Springer, vol. 21(3), pages 913-939, September.
    14. Ibrahim Mike Okumu & Patricia Naluwooza & Edward Bbaale, 2022. "Firm Dynamics, Job Creation and Job Destruction in Africa: Is the Quality of Institutional Environment Relevant?," The European Journal of Development Research, Palgrave Macmillan;European Association of Development Research and Training Institutes (EADI), vol. 34(6), pages 2970-3004, December.

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:hal:journl:hal-02488855. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    If CitEc recognized a bibliographic reference but did not link an item in RePEc to it, you can help with this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: CCSD (email available below). General contact details of provider: https://hal.archives-ouvertes.fr/ .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.