Email this article Social subjects of legal relations: constitutional refrain
- Authors: Markheim M.V.1, Lukyanova I.Y.1
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Affiliations:
- Law Institute of the National Research University “BelSU”, Belgorod State National Research University
- Issue: Vol 2, No 2 (2023)
- Pages: 10-15
- Section: Public law (state law)
- URL: https://journals.rcsi.science/2782-7372/article/view/145648
- DOI: https://doi.org/10.33693/2782-7372-2023-2-2-10-15
- ID: 145648
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Abstract
In the article, the authors, based on the attributive importance of the subject in legal relations, taking into account approaches to their scientific and sectoral development, based on the analysis of the texts of the Constitution of Russia and a number of CIS countries, presented generalizations and conclusions concerning the subject of a number of constitutional legal relations. In order to reveal the specific groups of social subjects of constitutional legal relations, the paper also analyzes public subjects, which, having their own varieties, are united by involvement in the implementation of the constitutional obligation to protect human and civil rights and freedoms. The authors substantiate that the coupling of social subjects of constitutional legal relations with the rights and freedoms addressed to them solves the problems of the adequacy of human rights and restrictive measures. It is also noted that along with universal social subjects – a person and a citizen – the constitutional texts use generalized and concretized versions of the definition of such subjects through the appropriate pronouns and “personality”. With regard to the Constitution of Russia, it is concluded that “personality” is a category that unites all other names of individual social subjects.
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##article.viewOnOriginalSite##About the authors
Marina V. Markheim
Law Institute of the National Research University “BelSU”, Belgorod State National Research University
Author for correspondence.
Email: markheim@bsu.edu.ru
ORCID iD: 0000-0002-9456-1137
Scopus Author ID: 57190878608
ResearcherId: U-9679-2017
Doctor of Law, Professor; Head at the Department of Constitutional and International Law of the Law Institute of the Belgorod State National Research University. Belgorod, Russian Federation.
Russian Federation, BelgorodIrina Y. Lukyanova
Law Institute of the National Research University “BelSU”, Belgorod State National Research University
Email: LukyanovaLu22@yandex.ru
applicant at the Department of Constitutional and International Law of the Law Institute of the Belgorod State National Research University. Belgorod, Russian Federation.
Russian Federation, BelgorodReferences
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