MODERN STATUS OF LEGISLATIVE REGULATION OF THE ACTIVITIES OF GOVERNMENT AUTHORITIES

Abstract

The article is devoted to the analysis of the legislative consolidation of the legal status
of public authorities, in particular, the issue of conferring on the bodies of state power
the status of a legal entity. The authors note that the current Russian legislation does not
always determine that public authorities are legal entities. Meanwhile, the rights and obligations
of a legal entity are an important element of the legal status of public authorities,
allowing them to become participants in civil legal relations.
In this regard, the authors identify three groups of public authorities: public authorities,
which are legal entities by virtue of the direct consolidation of this provision in the
law; bodies of state power in respect of which the legislator has consolidated the wording
"have the rights of a legal entity" and public authorities that are not legal entities and do
not have the appropriate rights.
In this regard, the authors identify three groups of public authorities: public authorities,
which are legal entities by virtue of the direct consolidation of this provision in the
law; bodies of state power in respect of which the legislator has consolidated the wording
"have the rights of a legal entity" and public authorities that are not legal entities and do
not have the appropriate rights.
Investigating the characteristic features and peculiarities of state authorities as legal
entities, the authors come to the conclusion that the presence or absence of the status of a
legal entity from the authority determines the limits of its legal capacity, in particular,
determines the possibility to treat the public authority as a full-fledged subject of legal
responsibility. In this regard, the article also examined the conceptual issues of determining
the presence or absence of guilt in the activities of public authorities. It is noted that
this issue is debatable in the Russian legal science, and the Russian legal doctrine has not
yet developed a unified approach on the issue of what is the fault of a collective entity,
especially if it is a public authority.