Citizenship as a legal institution and category of law theory and state

Authors

  • A.V. Turlayev
  • I.A. Poleva
  • N.B. Tuyakova

DOI:

https://doi.org/10.31489/2022l3/30-36

Keywords:

citizenship, law theory, constitutional law, state, republic, legal institution, human right, legal regulation, legal category

Abstract

The article demonstrates the theoretical and historical problems of defining citizenship as a legal institution  and the definition of its main features. The dynamic nature of this political and legal phenomenon, associated  in the law theory with the state, is revealed. In a historical retrospective, using the citizenship institution experience for the state-legal regulation purpose relations between the individual and the state is considered. The  studies of citizenship in different historical periods, the variability and institution development in the theories  and various authors’ approaches are undertaken. The investigation purpose is to identify the main citizenship  features by determining the goals and political and legal institution objectives. With the general and special research methods support, the analysis and generalization of historical and theoretical material, political and  legal acts that define the concept and signs of citizenship as a legal and theoretical category are carried out.  As a result, citizenship is considered as the main and defining republic feature as one of the main state forms.  It is a political and legal category requiring legal regulation. The article concludes that citizenship is the main  factor in the modern state existence, with a republican government form. The  relationship between the individual and the state, mediated in the citizenship form, needs more detailed legal regulation.

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Published

2022-09-30

Issue

Section

THEORY AND HISTORY OF STATE AND LAW