Rapid development of the modern worldinfluences many basic concepts, changing them. However, it should be noted that the terms "legal capacity" and "legal capacity" of citizens have not undergone significant changes. The meaning of the concepts remained the same.
Civil capacity is the ability of a person to have civil rights. This concept also provides for the fulfillment of duties and responsibility.
The citizens' ability to act is the ability of the subjects to receive and realize their civil rights by their own deeds, to form duties, to fulfill them.
Together, these two abilities constitute the legal personality of the individual.
The capacity of citizens has characteristicfeatures. One of them, in particular, is the ability of a person to personally carry out actions of a legal nature, involving the acquisition and exercise of rights and obligations.
Together with this, the citizens' capacity to actprovides for a correct, adequate assessment, awareness of the actions that have legal significance. In other words, this property of the subject depends on the maturity and age of the person. At the same time, mental maturity depends on the age and mental state (health) of a person. In this regard, the legislator is not in a position to arbitrarily fix the moment from which the full capacity of citizens is established. Thus it is necessary to take into account medical norms of mental, moral maturation of the person. In this regard, the capacity of people at different ages and with different mental states is significantly different.
The concept includes several elements. Thus, legal capacity provides for the ability of individuals to independently exercise their rights, to execute transactions, acquiring in their result new rights and obligations, as well as the ability to bear civil liability for damage caused by their unlawful acts.
Legally, the concept implies active participationa person in economic turnover, the realization of his property rights (property rights, mainly), economic life, as well as the embodiment of his non-property rights. Along with this, there is an important fact. All other participants in the turnover can always count on using the measures of responsibility to the capable citizen who violated the obligation or caused damage to the property.
Thus, this category is of particular value in connection with what legally reflects the position of the individual in the sphere of relations, both property and non-property.
The capacity to act in its essence is different in that,which means the possibility for a citizen to behave in a certain way. Along with this right, however, it is the duty of people surrounding people not to allow his offenses.
The elements in the capacity categoryare closely related to the components that make up the content of the concept of legal capacity. If the content of the latter is the duties and rights, the former is characterized by the availability of the ability to acquire and realize them through independent actions. Thus, in summarizing all that has been said, a conclusion is drawn that the capacity to act represents the opportunity provided by law to exercise its legal capacity through its deeds.
Both of these concepts are inalienable. Restriction of citizens' legal capacity can be carried out exclusively in the manner and in cases established by the provisions of the law.
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