On the issue of recognizing a state as a legal entity: Past and present

Abstract

The article discusses the problem of empowering state with a status of a legal person. A system of views on the state in historical and comparative perspective is analyzed. A scientific approach is suggested and discussed, according to which the state under certain historical conditions is given the status of a legal entity of public law. The methodology of a theoretical construction of a state as a legal entity is investigated, while the social and the corporate aspects of the state are allowed for consideration at the same time. A series of approaches to the legal nature of a state as a legal personality is analyzed. A viewpoint is rationalized that the state as a legal entity is considered a single entity having dual standing: public law and private law ones. Conclusions are drawn about the need to further develop scientific perceptions on legal status of a state in Russian jurisprudence. The debatable nature of the doctrine of a state as a legal entity is stated. The article emphasizes the need to introduce the aforementioned doctrine into current legislation, while specifying the conditions for its introduction. © IDOSI Publications, 2014.