In the Russian Federation, civil law is based on certain principles. These, in particular, include the permissible direction of regulation of relations within society, equality for all subjects of interactions, and the inadmissibility of interference in private life. Equally important is the inviolability of property, freedom of contract, the movement of financial resources, services, and products on the territory of the state. Next, we consider in more detail the legal capacity of citizens, legal capacity and its types. 
Constitutional provisions
In Russia, the freedoms and rights of citizens and individuals are guaranteed and recognized in accordance with generally recognized international norms and principles, and the requirements of the Basic Law. Similar articles are found in the constitutions of many developed countries. Human society as a whole and the state in particular have traveled a rather long historical path before the principle of the paramount importance of freedom and the rights of man and citizen was recognized and then realized. Considering this experience from the perspective of modernity, two main aspects can be distinguished, on the basis of which the interactions of power and people are built. These include:
- The principle of "man for the state." In this case, there is an absolute neglect of the freedoms and rights of people by the authorities.
- The principle of "state for man." In this case, in the interaction between the government and the people, the priority is the protection of freedoms and rights. The state at the same time focuses on society.
Legal capacity of citizens of the Russian Federation: general information
In the modern world, there are significant changes in the assessment of many fundamental definitions. However, the concept of legal capacity and legal capacity of citizens did not undergo major changes. These definitions are interpreted today in the same way as it was almost a hundred years ago. For comparison, you can refer to the encyclopedia for 1925, which defines the legal capacity and legal capacity of citizens. Considering the terms given in the publication, and their modern interpretation, we can conclude that their essence remains the same. So, legal capacity in an encyclopedia is defined as the ability to be a "subject of law". In subsequent studies of theoretical aspects, there is nothing fundamentally new about this. The same applies to legal capacity, which is interpreted as the ability of citizens through their actions to acquire the corresponding duties and rights. Consider these terms in more detail. 
Legal Opportunities
First of all, it should be noted that they are assigned equally to all residents of the state. Civil legal capacity can be represented as an opportunity to fulfill duties and have rights. It arises from the moment of birth and ceases with the death of a person. Thus, the legal capacity of citizens is inseparable from the existence of people. Man possesses it while he is alive. The moment of birth is established not by legal but by medical categories. In particular, we are talking about the beginning of independent breathing. Termination is subject to biological death. At the same time, a return to human life is excluded.
The content of legal capacity and capacity of citizens
It is a complex of duties and rights.Their person receives in accordance with applicable law. So, according to Art. 18 Civil Code citizens:
- Ownership of property.
- Create legal entities individually or jointly with other individuals or organizations.
- Bequeath and inherit property.
- Have non-property personal and property rights.
- Participate in obligations and complete transactions that do not contradict legal norms.
- To have authorship rights to works of art, science, literature, inventions and other results of intellectual work protected by law.
State guarantees
The Constitution establishes a provision on the inaccessibility of restrictions and the deprivation of legal capacity of a citizen. This requirement acts as a guarantee of the state. It means that:
- The restriction of legal capacity and legal capacity of a citizen is not allowed. The exception is cases defined by law. In this case, the regulatory requirements establish the appropriate procedure for such situations.
- Failure to comply with the above conditions by a state or other authority leads to the cancellation of the relevant act that established the restriction. In particular, this applies to the sphere of entrepreneurial activity.
- Partial or complete cessation of legal capacity and legal capacity of citizens and other transactions involving infringement of freedoms and interests are recognized as null and void. The exception is cases defined by law.
Important point
From the above provision and clarification to it, it becomes clear that the legal capacity and legal capacity of citizens remains under state control. In other words, a person cannot refuse them either partially or completely. At the same time, the government reserves the right to limit the freedom and rights of a citizen. This is implemented through the adoption of relevant laws. Here it is necessary to note the conditions under which such state behavior is allowed.
In particular, partial or complete restrictions on legal capacity and legal capacity can occur when a state of emergency or martial law is declared to ensure the protection of the foundations of the constitutional regime, health, morality, legitimate interests and capabilities of others, as well as maintaining the country's security and defense. In this case, the terms and limits of such a need should be indicated. Nevertheless, even in this situation, there are categories that cannot be limited. These include rights to:
- A life.
- Protection of a good name and honor.
- Dignity of personality.
- Freedom of religion and conscience.
- Privacy.
- Home.
- Using your own property and your abilities to conduct business under the law.
Judicial defense
Some rights and freedoms that are elements of legal capacity may be limited by definition or court order. In this case, it will act as a measure of punishment for a criminal offense. In particular, this may be expressed in:
- Restriction of the right to free movement on the territory of the state (whether the link is expelled).
- Deprived of the opportunity to carry out certain activities or occupy one or another post (position).
These restrictions are set strictly for a specific period within the framework provided by law.
Specificity
Legal capacity should be considered the general premise, on the basis of which, in the event of a number of legal facts (life circumstances by which the law determines the onset of legal consequences), a person has a certain subjective opportunity. In this case, one point is of interest. A citizen may waive any subjective right in favor of another person (transfer it). For example, it may be the transfer of ownership of any property.At the same time, he cannot refuse partially or completely from his legal capacity. 
Adulthood
From this moment begins civil capacity. It represents the ability of a person through his actions to realize his interests, create and fulfill duties. A citizen who has reached the age of eighteen is recognized as an adult. There is an exception to this provision. Full administrative legal capacity and legal capacity of citizens can take place upon their marriage up to 18 years, which is provided for by law.
Clarification of the definition
Legal capacity implies the ability of a person to realize and correctly evaluate his behavior, which has legal significance, and also to lead it. This definition includes a number of elements. These include, for example, abilities:
- Carry out transactions. Thus, certain rights are acquired and responsibilities are assumed.
- Bear appropriate liability for damage caused by unlawful actions (tort).
- Independently exercise their legal capabilities.
Scope of Responsibility
It is enshrined in the Civil Code. The scope of responsibility and opportunities corresponds to a certain age of a person. So, a child under six years old is considered absolutely incompetent due to the complete immaturity of his psyche. Children 6 to 14 years old are called "young." They can independently carry out transactions:
- Small household character.
- Benefits aimed at gratuitous acquisition that do not require state registration or notarization.
- By order of funds sent by the legal representative or by his consent by a third party for free disposal or purposefully.
Minor children of 14-18 years of age have partial legal capacity. They can carry out transactions by written consent of parents, guardians or adoptive parents. Along with this, the scope of legal capacity, which is implemented independently, is expanding. So, to the list above, the opportunity is added:
- Manage your scholarship, earnings and other income.
- Make deposits in credit institutions and use them.
- Carry out copyright to works of art, literature and science, inventions and other results of their own intellectual activity, protected by law.
At the age of fourteen, tort appears. Its specificity lies in the fact that if a citizen does not have his own funds to compensate for the harm caused to him, the burden of this responsibility is transferred to the parents, guardian or adoptive parents, unless they prove that the damage occurred through no fault of the minor. Full legal capacity appears from the age of 18. This means absolute property liability. A citizen shall fulfill all duties in respect of material assets belonging to him, except in cases when recovery cannot be imposed on them.
Definition Comparison
Civil legal personality is an equally recognized by all persons, a total expressed, the most complete possibility of ownership. Its abstract character is manifested precisely in its generalizing characteristic. The legal capacity and legal capacity of citizens are its two basic components. These categories have common features. However, there are significant differences in them. So, the legal capacity and legal capacity of a citizen differ in the nature of their occurrence. The scope of these categories is also different. For example, legal capacity is considered a more stable property, while the boundaries of legal capacity may vary. Civil legal capacity and legal capacity of a citizen differ in connection with the law. If the former is intrinsic to human nature, the latter follows from legal norms.
There are also different reasons on which legal capacity and legal capacity of citizens arise. Emancipation is considered one of the prerequisites for a person to acquire full capabilities and accept responsibility. A separate topic is the situation of people who arrived in Russia from abroad. The legal capacity and legal capacity of foreign citizens has a number of features. In general, general provisions apply to these individuals. However, a number of restrictions apply. For example, they should not be civil servants, hold positions that are related to law enforcement, and so on.
