THE STATE AS A LEGAL ENTITY
THE STATE AS A LEGAL ENTITY
Author(s): Ljupka PetrevskaSubject(s): Law, Constitution, Jurisprudence
Published by: Fakultet za poslovne studije i pravo
Keywords: state; right holder legal entity; government
Summary/Abstract: In this paper, the author starts from the concept of the state, and looks at the fact that the state can be the holder of rights and obligations, ie whether the state can be understood as a legal entity. The state is an organization that has a monopoly of physical force in one country. This means that only the state can, through its competent authorities, apply instruments of coercion on its territory. Thus, e.g. certain state bodies conduct criminal proceedings (police, prosecutor’s office and court) and execute criminal sanctions. Coercion is exercised against individuals who have acted contrary to certain legal provisions in the field of criminal law. The state protects general social interests. However, the fact is that performing state affairs is of general, common interest. The state is a complex organization made up of a large number of people belonging to various social groups who perform various class or social affairs. The rule of law is achieved in such a way that administrative bodies (as well as judicial ones) cannot pass individual acts without concretizing and applying certain legal and other regulations. Thus, the state is an organization that has a monopoly of power and has the function of ensuring the realization of general interests and the survival of the ruling class in power
Journal: International Journal of Economics & Law
- Issue Year: 12/2022
- Issue No: 35
- Page Range: 149-154
- Page Count: 6
- Language: English