Administrative legal personality and anti-corruption legal personality: concepts, features and relationships

Abstract

The article is devoted to the definition of the concept, features and correlation of administrative legal personality and anti-corruption legal personality. Special attention is paid to the study of theoretical approaches to understanding the legal categories of "legal personality", "administrative legal personality", as well as their structural elements.

The cases of use of the concept of “legal personality” in the current legislation of Ukraine are analyzed. It is established that at the legislative level the concept of “legal personality” is not defined and is almost not used. It is proved that the legal category “administrative legal personality” is distinguished in the theory of administrative law on the basis of or taking into account individual provisions of acts of current legislation in order to confirm the possibilities of specific subjects to be participants in the relevant administrative legal relations. It is also established that administrative legal personality is a theoretical and legal category used to denote the possibility of a person (subject) to be a bearer of rights and obligations, as well as to exercise them, in the sphere of relations (public legal relations) regulated by the norms of administrative law.

The impossibility of defining anti-corruption legal personality as a type of special administrative legal personality is substantiated. It is proven that if anti-corruption legal personality is defined as the ability of a person who possesses administrative legal personality to be a participant in legal relations in the field of corruption prevention, their scope will actually coincide.

The content of the constituent elements of administrative legal personality (administrative legal capacity, administrative capacity and administrative tortious capacity) in the context of the study of anti-corruption legal personality is characterized. It is determined that the category of "anti-corruption legal personality" should be used to determine the status of persons subject to the Law of Ukraine "On Prevention of Corruption", with the definition of the specific scope of requirements, prohibitions and restrictions that apply to them, the procedure for their implementation, as well as the types of legal liability to which they may be brought. Based on the results of the study, it is substantiated that administrative legal personality and anti-corruption legal personality are substantively different legal categories.