On the issue of acquiring legal personality: the problems of theory and practice

Abstract

The article investigates theoretical and practical issues in the aspect of identification of the presence  (or absence) in individuals special legal personality needed to acquire such a constitutional-legal status as head of state. In view of the doctrinal ambiguity of understanding of the definition of «legal personality» and its components, as well as legal uncertainty of this definition, the author of this article formulated the concept of «legal personality», analyzed its components. It is established that the legal personality of the head of state is enshrined in legislation and is provided by the state with its legal capacity and personal ability determined
on the basis of establishing compliance with constitutional and legal requirements and exercising state power in accordance with its functional purpose in the mechanism of state power. It was concluded that the constitutions of the countries of the world consolidated almost the same approach to the establishment of special requirements for the candidate for the post of head of state. Such criteria are: age, political-civil and national affiliation, residence qualification, often religious certainty, the procedure for holding the post of head of state (inauguration, coronation), grounds and procedure for termination of powers, term of
competence, procedure for temporary replacement of the head of state, property qualification pledge). It is established that such requirements play the role of certain «legal filters», which ensures a better selection of  candidates for this important state post. Based on comparative analysis of constitutional legislation established criteria required for acquisition of the status of the head of state in the monarchies and in the republics. Proposed to amend into the national legislation in order to strengthen «legal filters» for a candidates for head of state.