Legal capacity is the ability of a citizen to have civil rights and bear certain duties. It is legal capacity that is a prerequisite for the possession of specific subjective rights that arise only in the presence of certain legal facts, actions and events.
Legal capacity is also understood as the general (in other words, abstract) ability recognized by the state to have rights and obligations established by law, the ability to be their bearer.
Legal capacity differs from subjective right in that it:
1) is not separated from the individual. A person cannot be deprived of legal capacity, taken away from him or limited in its effect;
2) does not depend on age, gender, profession, nationality, property status, etc.;
3) cannot be delegated to others;
4) primary in relation to subjective law, and also initial, i.e. plays the role of a prerequisite;
5) it is abstract, and the subjective right is concrete.
legal capacity- this is the ability of the subject to acquire and exercise rights by his own actions, create duties for himself and fulfill them. The concept of legal capacity comes from the fact that all subjects of law are healthy and their degree of development is established as they grow up. Capacity is divided into general and special.
For natural reasons, legal capacity and legal capacity do not always coincide. All people are capable, although not all of them are capable at the same time. At the same time, all capable people are not legally capable.
Full legal capacity– the ability to exercise all rights and obligations without exception. Full legal capacity comes in full when a person reaches the age of eighteen.
Partial capacity There are two degrees: the first degree is the legal capacity of minors from 6 to 14 years old. Transactions can be made on their behalf only by their parents, adoptive parents or guardians. The second degree of partial legal capacity is the legal capacity of minors from 14 to 18 years of age. In accordance with the law, they can make all transactions of minors and manage their income, exercise copyrights, make deposits in credit institutions, from the age of 16 they can be members of a cooperative.
Legal personality includes four elements:
1) legal capacity- this is the ability of the subject to have legal rights and bear legal obligations, enshrined in legislation. It begins at the moment of birth of the individual and ends at death. Legal capacity is not a natural property of a person, but is generated by objective law;
2) legal capacity;
3) tortiousness- is the ability of a person to answer for civil offenses;
4) legal personality determined by the rules of law, which establish the basic and starting rights and obligations. There is also a special legal personality, which provides for a different legal status, in contrast to ordinary subjects. So, in particular, deputies, candidates for deputies, heads of the election commission can be considered subjects with special legal personality.
73. Legal status of a person: concept and structure
Speaking about the rights and freedoms of the individual, a complete and real idea of them cannot be obtained if these phenomena are not considered as part of the legal status of the individual. First of all, this category has a collective, universal character. It contains: 1) the legal status of a citizen; 2) legal status foreign citizen; 3) the legal status of a stateless person; 4) legal status of a refugee; 5) the legal status of a forced migrant.
Rights and freedoms form the basis of the legal status of an individual, therefore, they cannot be realized without its other components (for example, without legal obligations referring to rights, without legal liability in some cases, without legal guarantees, without legal capacity and legal capacity as the main features of a person's volitional and meaningful behavior).
The category of legal status makes it possible to see the rights, freedoms, duties of an individual in its holistic, systemic form, allows comparison of statuses, opens the way for their further improvement.
Legal status of the individual- it is first of all legal status a person, which reflects his actual state when interacting with the state and society. Classification of legal statuses of a person first of all, it is carried out on the scope and structure of legal systems. There are legal statuses:
1) general, which includes, in addition to domestic, rights, freedoms, obligations and guarantees developed the international community and fixed in international legal instruments;
2) constitutional. This status must be stable, its existence lasts until the basic social relations change radically and in their majority;
3) sectoral, which consists of powers and other components mediated by a separate or complex industry legal system(civil, labor, administrative law, etc.);
4) generic. The generic status of a person expresses the specifics of the legal status of specific categories of people who have some additional subjective rights and obligations;
5) individual status shows the peculiarities of the position of an individual depending on his age, profession, gender, participation in the management of public affairs, etc.
Protection of the general legal status of the individual is provided for both by domestic legislation and international law. Its characteristic feature is stability, which is due to the peculiarities of human life itself and involves the establishment of a normal legal order in society, its reasonable and predictable changes that can ensure the preservation of the country's gene pool, the pace of production of material and spiritual values, the free development of each individual. Like any basis on which new qualities are formed, stability constitutional status personality depends on how fully it will correspond to actual social relations.
The structure of the concept of legal status also includes the following elements: 1) legal norms establishing this status; 2) legal personality;
3) basic rights and obligations; 4) legitimate interests; 5) citizenship; 6) legal liability; 7) legal principles; 8) legal relations of a general type.
74. Subjective right and legal obligation: concept and structure
Subjective right and legal obligation- these are systemic elements of a legal relationship that give specific social relations characteristic features. The degree of freedom of the participants in the legal relationship, the degree of satisfaction of his interests are established by the prescriptions of the legal norm. Legal rights and obligations are equivalent elements of a legal relationship, even though their content is different.
Volume and boundaries subjective rights and duties in general are determined by the rules of law. In legal relations, they are concretized in relation to personal subjects, legally bound and empowered subjects build their behavior within the boundaries designated by law. The freedom of behavior of each of them is within the specified boundaries.
Subjective right is the ability of the subject, provided and protected by the state, to satisfy, at his own discretion, those interests that are provided for by objective law.
The right of the subject is called subjective because it depends only on the will of the subject himself how to dispose of it. Although this possibility is not arbitrary. This is a legal opportunity that establishes the measure of permitted behavior.
There are three types of subjective right:
1) in the possibility of positive behavior of the owner of a subjective right to meet his interests;
2) in the possibility of the authorized person to demand the established behavior from the obligated persons in order to satisfy his legitimate interests;
3) in the possibility of the authorized person to ask for protection from the competent state bodies in case of violation of his rights. First of all, we are talking about the forced realization of the right of a participant in a legal relationship.
Legal obligation of the subject, in contrast to subjective law, is the need to coordinate one's behavior with the requirements presented to it.
legally bound person, probably does not act in the way that his own interests prompt him, although he must reckon with the prescriptions of legal norms that reflect and protect the interests of others. Right and duty in legal relations are the most important and necessary conditions normal human communication. In their correct correlation, with the interrelation and interdependence of various interests, the real image of a legal society and a legal state is manifested.
Legal obligation is the necessity of the established behavior of a participant in legal relations provided for by law and guaranteed by the state in the interests of an authorized subject. If the content of a subjective right is formed by a measure of permitted behavior, then the content of its obligation is a measure of proper behavior in a legal relationship. The obligated person is prescribed a measure of proper behavior in order to satisfy the interests of the authorized person.
Two types of legal obligation are expressed:
1) the need to take active positive actions in favor of other participants in legal relations;
2) the need to refrain from acts prohibited by the rules of law.
Implementation of subjective legal rights and obligations implies their impact on the actual behavior of participants in legal relations, the implementation of the measure of proper and permissible behavior laid down in them in existing social relations.
Civil capacity- the ability to have civil rights and bear obligations (Article 17 of the Civil Code of the Russian Federation). It is equally recognized for all citizens from birth to death.
Civil legal capacity is a formal fixation of the possibility, the permissibility of a certain behavior. But this does not mean the complete impossibility of limiting the legal capacity itself. Measures that restrict legal capacity can be criminal and administrative penalties. For example, punishment in the form of deprivation of liberty significantly limits such an aspect of legal capacity as the right to choose a place of residence. All people are legally capable, but not equally. The volume of their legal capacity is determined by age, mental, moral, mental health. Not all legally capable people are capable.
Civil capacity- the ability of a citizen by his actions to acquire and exercise civil rights, create civic obligations for himself and fulfill them. Like legal capacity, legal capacity cannot be limited mechanically. Volume
legal capacity does not depend on the will of the person, but on his age and state of health. The Civil Code of the Russian Federation provides for the following types of legal capacity: legal capacity of minors (from 6 to 14 years old); legal capacity of minors (from 14 to 18 years of age), full legal capacity upon reaching the age of majority and in other cases.
· Legal capacity of minors aged 6 to 14 includes: the right to independently make small household transactions; transactions aimed at gratuitous receipt of benefits that do not require notarization and state registration, as well as transactions for the disposal of funds provided by a legal representative or with the consent of the latter by a third party for a specific purpose or for free disposal. In other cases, the responsibility for these persons is borne by the parents or persons replacing them.
· The legal capacity of minors aged 14 to 18 years is expressed in the right to independently, without the consent of parents, adoptive parents, guardian, dispose of their earnings, scholarships and other incomes; exercise copyright; make deposits in credit institutions and dispose of them; make transactions that are part of the legal capacity of minors; upon reaching the age of 16, be members of cooperatives. Minors between the ages of 14 and 18 are independently liable for transactions made by them.
· Fully capable are persons who have reached the age of majority, i.е. 18 years. However, in some cases, legal capacity in full comes before the age of 18. First of all, if you get married before the age of 18. Legal capacity acquired as a result of marriage is retained in full even in the event of divorce before the age of 18. When declaring a marriage invalid, the court may decide on the loss of full legal capacity by the minor spouse from the moment determined by the court. In addition, a minor who has reached the age of 16 may be declared fully capable if he works under an employment contract, including under a contract, or with the consent of his parents, adoptive parents, guardian, is engaged in entrepreneurial activities.
Recognizing a person as incapable and limiting his legal capacity is a serious intrusion into the sphere of the legal status of an individual, therefore it is allowed only in cases provided for by law. A citizen who, as a result of mental disorder cannot understand the meaning of his actions or direct them. He is placed under guardianship.
A citizen who, due to the abuse of alcoholic beverages or drugs puts his family in a difficult financial situation, may be limited by the court in capacity, over him, guardianship is established. However, if the grounds by virtue of which the citizen was declared incompetent or partially incapacitated have disappeared, the court recognizes the person as capable or cancels the restriction of legal capacity.
Legal personality includes legal capacity, legal capacity, legal status of the subject.
Legal capacity is the ability of a person to have the rights and obligations provided for by law.
Legal capacity - the ability to acquire rights and impose legal obligations on oneself by one's actions.
Legal status is a set of initial inalienable rights and obligations of a person, powers of state bodies and officials recognized by the constitution or law.
Types of subjects :
In the field of private law, the division into natural and legal persons is accepted.Individuals- these are citizens, foreigners, stateless persons, refugees, persons with dual citizenship, i.e. all persons for whom the quality of legal capacity and capacity is recognized. All individuals have equal legal capacity in the field of private law from the moment of birth. Legal capacity is achieved with age (in the Russian Federation - from the age of 18). It can only be limited by a court order. Legal entities- enterprises, their associations, organization, etc. To be recognized as such, they must be registered with state bodies. For legal entities, legal capacity and legal capacity arise simultaneously from the moment of registration.
Zinkovsky:
The ability to be the subject of a legal relationship is called legal personality. In a relationship individuals Distinguish between such components of legal personality as legal capacity and legal capacity. Legal capacity is understood as the ability of a person to have rights and obligations. Legal capacity is the ability of a person by his actions to acquire rights and exercise them, as well as to assume duties and fulfill them. In some legal relationships, an individual may have legal capacity but not legal capacity.
General legal capacity is associated with sanity and is recognized only for sane persons. Sanity is understood as the ability of a person to understand the meaning of his actions and manage them. Responsibility depends on the age of the person and on his mental health. With regard to age, the age of majority is of key importance, which, according to general rule in Russia it is reached by the age of 18, and in the case of marriage, from the age of 16. Upon reaching the age of majority, the mental health of the subject is presumed. Only a court has the right to recognize a person as mentally ill. Some scientists do not share legal capacity and legal capacity as concepts, but consider their inherent features in the context of a single category of legal personality.
Individuals can be classified on the basis of citizenship into citizens, foreigners and stateless persons (stateless persons).
In the structure of legal capacity for individuals and legal capacity for legal entities, there are deal capacity - the ability of a person to enter into transactions and fulfill their obligations thereunder, and delictual capacity - the ability of a person to answer for his obligations, including as a result of causing them harm to someone.
The classification of subjects of legal relations includes:
Individuals - citizens, foreigners, dual nationals, multinationals, stateless persons.
Organizations are all persons that are not limited to an individual or a simple collection of individuals.
Social communities - people, social communities certain territory, labor collective.
Organizations include:
The state as a special subject of legal relations. State bodies.
Parts or subjects of the state, which include administrative-territorial units, subjects of the federation. Other territorial subdivisions of the state, which include electoral districts, military districts. Local self-government bodies, whose specificity boils down to the fact that in some states they are identified with state bodies, and in some they are excluded from the system of state bodies.
Organizations not endowed with public authorities, which include legal entities and public organizations separated from them due to the specifics of their activities.
The legal content of the legal relationship consists of two elements: a subjective right and a legal obligation that bind the subjects of the legal relationship. Moreover, a subjective right is the possibility of a certain behavior, and a legal obligation is a proper, necessary behavior.
Legal capacity is the ability of a citizen to have civil rights and bear certain duties. It is legal capacity that is a prerequisite for the possession of specific subjective rights that arise only in the presence of certain legal facts, actions and events.
Legal capacity differs from subjective right in that it: is not separated from the individual. A person cannot be deprived of legal capacity, take it away from him or limit its effect; does not depend on age, gender, profession, nationality, property status, etc.; cannot be delegated to others; primary in relation to subjective law, as well as initial, i.e. e. plays the role of a prerequisite; it is abstract, and the subjective right is concrete.
Legal capacity is the ability of the subject to acquire and exercise rights, create duties for himself and fulfill them by his own actions. The concept of legal capacity comes from the fact that all subjects of law are healthy and their degree of development is established as they grow up. Capacity is divided into general and special.
For natural reasons, legal capacity and legal capacity do not always coincide. All people are capable, although not all of them are capable at the same time. At the same time, all capable people are not legally capable.
Full legal capacity– the ability to exercise all rights and obligations without exception. Full legal capacity comes in full when a person reaches 18 years of age.
Partial capacity There are two degrees: the first degree is the legal capacity of minors from 6 to 14 years old. Transactions can be made on their behalf only by their parents, adoptive parents or guardians. The second degree of partial legal capacity is the legal capacity of minors from 14 to 18 years of age. In accordance with the law, they can make all transactions of minors and manage their income, exercise copyrights, make deposits in credit institutions, from the age of 16 they can be members of a cooperative.
In addition to the general legal capacity of individuals, which is understood as the ability of a person to be a participant in legal relations that are not individualized in nature, there are:
sectoral capacity, that is, the ability of a person to be a participant in legal relations of some kind, (for example, minors can be participants in only some legal relations in the field of civil law. In the implementation of passive suffrage, even not all mentally healthy adults can be elected (in particular, the ability to be elected depends on social characteristics subject). special legal capacity, which differs from the industry-specific degree of detail of the qualities of relations of a certain type, the subject of which a person is capable of. and cannot exercise a number of civil, political and other rights).
Also, the content and scope of legal capacity depends on the citizenship of the person. Citizens, as a general rule, have a greater scope of rights and obligations in the territory of their state. With regard to legal entities, there is no distinction between legal capacity and legal capacity. Recognizes the existence of only legal capacity legal entity within the limits set by the goals of its creation. In the structure of legal capacity for individuals and legal capacity for legal entities, there is a distinction between ability to deal - the ability of a person to conclude transactions and fulfill their obligations under them, and tortiousness- the ability of a person to answer for his obligations, including as a result of causing harm to someone.
Delicacy - the ability of a person to independently bear responsibility for the harm caused by his unlawful act (action or inaction). It is an element of capacity. It is expressed in the ability of the subject to independently be aware of his act and its harmful results, be responsible for his illegal acts and bear legal responsibility for them. It comes from the age of 16, although according to article 20 of the Criminal Code of the Russian Federation there are crimes for which liability occurs at the age of 14 (against a person, property, etc.). Delicacy - in Civil Law is an element of legal personality, and means to bear responsibility for the offenses committed.
Similar information.
Legal capacity is the ability of a citizen to have civil rights and bear certain duties. It is legal capacity that is a prerequisite for the possession of specific subjective rights that arise only in the presence of certain legal facts, actions and events.
Legal capacity is also understood as the general (in other words, abstract) ability recognized by the state to have rights and obligations established by law, the ability to be their bearer.
Legal capacity differs from subjective right in that it:
1) is not separated from the individual. A person cannot be deprived of legal capacity, taken away from him or limited in its effect;
2) does not depend on age, gender, profession, nationality, property status, etc.;
3) cannot be delegated to others;
4) primary in relation to subjective law, and also initial, i.e. plays the role of a prerequisite;
5) it is abstract, and the subjective right is concrete.
legal capacity- this is the ability of the subject to acquire and exercise rights by his own actions, create duties for himself and fulfill them. The concept of legal capacity comes from the fact that all subjects of law are healthy and their degree of development is established as they grow up. Capacity is divided into general and special.
For natural reasons, legal capacity and legal capacity do not always coincide. All people are capable, although not all of them are capable at the same time. At the same time, all capable people are not legally capable.
Full legal capacity– the ability to exercise all rights and obligations without exception. Full legal capacity comes in full when a person reaches the age of eighteen.
Partial capacity There are two degrees: the first degree is the legal capacity of minors from 6 to 14 years old. Transactions can be made on their behalf only by their parents, adoptive parents or guardians. The second degree of partial legal capacity is the legal capacity of minors from 14 to 18 years of age. In accordance with the law, they can make all transactions of minors and manage their income, exercise copyrights, make deposits in credit institutions, from the age of 16 they can be members of a cooperative.
Legal personality includes four elements:
1) legal capacity- this is the ability of the subject to have legal rights and bear legal obligations, enshrined in legislation. It begins at the moment of birth of the individual and ends at death. Legal capacity is not a natural property of a person, but is generated by objective law;
2) legal capacity;
3) tortiousness- is the ability of a person to answer for civil offenses;
4) legal personality determined by the rules of law, which establish the basic and starting rights and obligations. There is also a special legal personality, which provides for a different legal status, in contrast to ordinary subjects. So, in particular, deputies, candidates for deputies, heads of the election commission can be considered subjects with special legal personality.
Legal capacity - the legally established ability of a citizen, organization or public legal entity to be the bearer of subjective rights and legal obligations.
The ability to be a subject of law as such is usually called "general legal capacity", which is recognized for citizens from the moment of their birth, and for legal entities and public legal entities - from the moment of their creation.
Sector legal capacity - the legal ability of a person to be the subject of relations in a particular branch of law. In each branch of law, the moment of emergence of legal capacity and the scope of potential rights (content of legal capacity) may be different.
Special legal capacity - the ability of a person to be a participant in legal relations arising in connection with the occupation of certain positions (president, judge, member of parliament), or the person's belonging to certain categories of subjects of law (employees of a number of vehicles, law enforcement and etc.).
The emergence of special legal capacity is determined by the fulfillment of special requirements or the occurrence of certain circumstances. (For example, a judge in Russian Federation may be a person with a higher legal education, some practical experience, and at least 25 years of age. To be elected president of the United States, you must be born in the United States (not only on the land territory of the state itself, but, for example, on a ship sailing under the American flag), US citizenship, reaching the age of 35 and permanent residence in the United States for at least 14 years .
Capacity- the ability of a person to acquire and exercise rights and obligations by his actions. According to Art. 60 of the Constitution of the Russian Federation, full legal capacity arises for a person upon reaching the age of majority.
The legal capacity of citizens is the ability of a citizen to acquire and exercise civil rights by their actions, create civil duties for themselves and fulfill them, arising from the onset of adulthood, that is, upon reaching the age of eighteen (Civil Code of the Russian Federation, Article 21). It should be borne in mind that, with the exception of certain cases and in the manner prescribed by law, no one can be limited both in legal capacity and in capacity. If the limitation of legal capacity and (or) legal capacity occurred after the issuance of the relevant act government agency or other bodies, then this entails the invalidity of this act.
Ability to act means that a person is aware of his actions. The concept of legal capacity consists of several elements: the ability of a person to personally exercise his rights, assume obligations and acquire new rights.
Civil capacity
Allocate, as a type of legal capacity, civil legal capacity, which involves civil rights and obligations and is mostly regulated by the Civil Code of the Russian Federation. Classifies civil legal capacity according to the Civil Code as follows. Until the age of 6, a child is considered absolutely incompetent, which does not mean that he is not legally capable, since legal capacity arises from the moment of birth.
From 6 to 14 years of age, persons are considered minors by the Civil Code, but at the same time, the Civil Code assigns to them the legal capacity of minors, which means:
1) small everyday transactions, that is, transactions aimed at meeting everyday needs, are usually executed when they are executed and are insignificant in amount
2) transactions aimed at gratuitous receipt of benefits that do not require registration or notarization
3) transactions for the disposal of funds provided by a legal representative or, with the consent of the latter, by a third party for a specific purpose or free disposal
It should also be noted that minors do not have civil delinquency, that is, they cannot be held responsible for their actions. A guardian shall be appointed as a representative for persons under 14 years of age. Persons between the ages of 14 and 18 are considered partially capable, since they can only make transactions with the written consent of their parents or legal representatives.
However, a partially capable person can exercise a number of rights independently:
Freely dispose of their earnings, scholarships
Make deposits to credit institutions
From the age of 16 a person can be a member of a cooperative
Take responsibility for your own actions
Legal capacity arises in full from the age of 18. According to Art. 21 paragraph 2 of the Civil Code, a person who has reached the age of majority is fully responsible for his actions, while the Civil Code establishes two cases of the onset of legal capacity before the age of 18: 1) emancipation of a person under 16 years of age, engaged in labor activity or entrepreneurial activity and 2) marriage of a minor. Emancipation takes place by giving the consent of the minor, both parents or representatives of the person, with the subsequent adoption of the decision of the guardianship and guardianship authorities or the court.
If a citizen, due to a mental disorder, cannot understand the meaning of his actions or control them, he may be recognized by the court as incompetent. A case on recognizing a citizen as incapacitated may be initiated at the request of family members, the prosecutor, guardianship and guardianship authorities, a psychiatric medical institution and other persons specified in Art. 281 Code of Civil Procedure. A forensic examination is appointed to determine the mental state of a person.
Legal capacity may not be restricted except in cases provided for by law. The court may restrict the rights of partially capable persons. In cases where the marriage with a minor is dissolved, the court may restrict the legal capacity of the minor ex-spouse. Or a person may be limited in legal capacity if his actions put his family in a difficult financial situation.
The civil capacity of a foreign person is determined by the personal law of a natural person.
Conditions for being incapacitated
Civil capacity comes in full:
When a citizen reaches the age of eighteen
From the time of marriage until reaching the age of 18, in cases where this is permitted by law;
Since emancipation
One of the conditions for having legal capacity is the presence of will.
Legal personality — legal category, which is understood as the ability of an individual or legal entity to have and exercise, directly or through its representatives, legal rights and obligations, that is, to act as a subject of legal relations.
Characteristic
In each branch of law there are special rules, the purpose of which is to establish the circle of persons subject to the rules of this branch. This is done by listing the features, indicating the qualities that the subjects must possess in order to act as addressees of the industry norms. The totality of qualities established by the norms of law, which gives the subject the opportunity to be the bearer of legal rights and obligations, is called legal personality.
Legal personality is a social and legal property of persons: it has two sides - public and legal. The public side of legal personality is expressed in the fact that the legislator cannot arbitrarily choose the signs of subjects of law - they are dictated by life itself, needs and patterns. community development. Its legal side lies in the fact that the signs of subjects of law must necessarily be enshrined in legal norms.
In the theory of law, there is a fairly reasonable point of view, which consists in the fact that legal personality can be considered as a kind of subjective legal right - “the right to the right”, existing within the framework of the so-called general (general regulatory) legal relations along the lines of constitutional law. Indeed, the nature of legal personality, which is common with subjective law, is evident here - legal personality also represents a certain legal possibility.
Structure
In the composition of legal personality, legal capacity and legal capacity are distinguished. Legal capacity, in turn, is divided into tortiousness and negotiability.
Legal capacity - this is the ability of a person to have subjective legal rights and obligations, that is, to be a participant in a legal relationship, due to the law. Thus, one legal capacity may be sufficient to be a party to a legal relationship. So, in modern jurisdictions, the general civil legal capacity of an individual arises at the time of his birth, and a baby can be a participant in a civil law relationship (for example, a legal inheritance relationship).
legal capacity- this is the ability, determined by law, to acquire subjective legal rights and obligations, to exercise and terminate them by one's own actions (inaction) by one's own actions (inaction).
Delicacy is the ability to take legal responsibility for one's actions.
Legal capacity and legal capacity are two sides of the same phenomenon - legal personality, which by its nature is a single legal capacity. The real separation of legal personality into legal capacity and legal capacity occurs mainly in the sphere of civil law, and even then not for all subjects (civil legal personality of organizations is one).
Legal personality can be general (the ability to be a subject of law in general), sectoral (the ability to be a subject of law in certain social and legal relations) and special (for example, the legal personality of legal entities).
The initial legal status of subjects is characterized by the concept of "legal status". It is the broadest among citizens and consists of legal personality and constitutional rights and obligations, which, according to the Constitution of the Russian Federation, form the basis of the legal status of an individual and are directly applicable (Chapter 2 of the Constitution of the Russian Federation). The legal status of citizens of the Russian Federation is equal for all.
The word "status" in Latin means "state", "position". Nevertheless, in the literature it is proposed not to single out the concept of "legal status" along with the concept of legal status. Such an addition makes sense if by "legal status" we understand the specific legal status of the subject, which is determined both by its legal status and the totality of specific legal ties in which it is.
Delicacy - the ability of a person to independently bear responsibility for the harm caused by his unlawful act (action or inaction). It is an element of capacity. It is expressed in the ability of the subject to independently be aware of his act and its harmful results, be responsible for his illegal acts and bear legal responsibility for them. It comes from the age of 16, although according to article 20 of the Criminal Code of the Russian Federation there are crimes for which liability occurs at the age of 14 (against a person, property, etc.).
Delicacy - in Civil Law is an element of legal personality, and means - to bear responsibility for the offenses committed.