CONSTITUTIONAL LEGAL PERSONALITY: MODERN UNDERSTANDING AND THEORETICAL PRINCIPLES

Abstract

Introduction. The issue of legal personality in constitutional law is an important part of modern legal theory and practice, especially in the context of democratic transformations. Defining the role of the actor of constitutional law and its interaction with other participants in the legal system is crucial for ensuring the stability of the legal order and the effectiveness of public administration. However, despite numerous studies, the deeper nature of legal personality and its place in public law still requires further consideration.

Summary of the main results of the study. This article provides a theoretical and legal analysis of the concept of legal personality in constitutional law. The nature of legal personality is examined as an institutional phenomenon that reflects the role of an individual or institution in public legal relations based on constitutional norms. The author emphasizes two key characteristics of legal personality: legal capacity and dispositive legal capacity, revealing their functional significance in the organization and exercise of public power. Special attention is given to the author’s definition of the actor of constitutional law as an active participant in public political and legal relations, endowed with legal capacity and dispositive legal capacity. The significance of legal personality as an integral part of the democratic process, capable of ensuring the legitimacy of public power, is highlighted.

Conclusion. It is emphasized that the concept of legal personality should be expanded by incorporating elements of ethical responsibility and social legitimacy. The necessity for further development of this category based on an interdisciplinary approach that combines legal theory, sociology, philosophy of law, and comparative law is outlined. This will allow for the creation of a coherent and effective model of legal personality that meets the requirements of a modern democratic legal state.