Legal personality of private persons in the legal order of the Eurasian Economic Union

Abstract

Since the creation of the UN and the establishment of the provisions on the dignity and value of the human personality in its Charter, the individual has been in the field of view of international law, but, according to the classical approach, he is not its subject primarily due to his lack of the right to participate in the creation of the norms of international law. Meanwhile, the doctrinal perception of the status of the person in the interstate system has evolved significantly in recent times, and the gradual recognition of the role he or she plays in international law is becoming evident. The issue of international legal personality of private persons, which should include not only individuals (natural persons), but also legal entities and any non-state formations (associations, trade unions, non-profit organizations) requires special attention, especially in the context of developing integration legal orders, in which private persons are not only "objects" of legal relationships, but also rightful subjects. This conclusion can be drawn because in the law and order of integration associations there are not only vertical relations between private persons and the state, but also horizontal relations between private persons, also regulated by the law of the integration association. In this regard, the recognition of the legal personality of private persons in the legal orders of integration associations can be justified through the introduction of the term "local legal personality" of private persons in international law, which can be viewed from different angles — as a progressive development of the international legal order with an emphasis on the increasing inclusion of humanitarian values and principles and the primacy of international law (in this case, the law of the integration association) over domestic law, as well as at a simpler level in the form of direct regulation of the rights and obligations of individuals by international law and access to justice for those individuals.

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