Is the “human capacity” formula categorical?

The article analyzes the formula of legal capacity, proclaimed in Part 2 of Art. 17 of the Civil Code of the Russian Federation: “The legal capacity of a citizen arises at the time of his birth and ends with death”. The author considers the categorical nature of this legislative postulate to be incorrect, moreover, in both postulates. The first substantiates the situation in which a person in his development goes through two stages: from the moment of his conception to the moment of his birth, and from the moment of his birth to his death. And at both stages it must be regarded as a bearer of subjective rights. Moreover, if the second stage has always and everywhere been in the center of attention of the legislator, then the first, with minor exceptions, is outside legal support. Nevertheless, the human embryo in the womb of a pregnant woman is, together with her, in the legal field of criminal, labor, family, inheritance, housing, and civil legislation. In the second, taking into account the achievements of modern biological (and other industries) science, the author believes that a cryonized, terminally ill person, who is considered, in the legal sense, dead, after a hundred, for example, years, can be thawed and cured. It is noted that there are, including in Russia, clinics specializing in this. The author considers it necessary to expand accordingly, in both directions, the concept of legal capacity.