Chirkin V.E. Public law and legal entities

Abstract: This article is dedicated to the issue of the possibility of implementing such notion as “legal entities” within public law. Over the last decades Russia has seen a creation of multiple acts of public law, which often refer to the branches of government as legal entities. Within the Russian science of civil law such qualification is being rejected on the grounds that a legal entity relates only to the civil law. The article offers ways of resolving collision and basis for a mutual development of polemical concepts by the representatives of the public and private law sciences. Reviewing the terminology of some foreign constitutions, using the methods of hermeneutics, historical and logical analysis, and comparison with the legislation of other countries the author proposes a concept of legal entity of public law. The author reveals seven signs of legal entity of public law, offers general definition of a legal entity that suitable for public and private law, as well a special definition is given to the legal entity of public law.

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