?
Вопросы правосубъектности народа в конституционно-правовых отношениях
The article, prepared using the results of the project "Legal mechanisms for overcoming inequality", carried out within the framework of the HSE Fundamental Research Program in 2024, analyzes legal norms and positions that allow people to be considered as a subject of legal relations. The people as a collective entity has properties that characterize it as a legal personality.
By analogy with legal entities, it is proposed to endow the people with legal personality. The article explains why the category "people" is more suitable for establishing legal personality than the concepts of "nation", "population", "society". The argument is given that the people are an organized stable social community living in a certain territory in the context of ties with ancestors and descendants.
The methodology by which the people as a single subject of law can have a legal status is substantiated. Referring to the positions of Maurice Oriou, the author proposes to proceed not from a concrete historical, but an abstract historical approach and go beyond the autonomy and freedom of the individual into the field of "objective individuality" and the continuity of the existence of the people.
The article highlights and reveals such properties inherent in the people as collectivity, the state-organizing "personality", its spiritual and cultural code and succession. Taking into account these properties and through the prism of subjective constitutional rights, the author describes the collective rights of the people, which are at the same time an ideological concept of its existence. Such collective rights in the article include: self-determination, dignity, national heritage, sovereignty and peaceful coexistence. At the same time, the author proposes to understand the collective rights of the people as rights that can only be realized as the rights of the social community in question, and have special ways and forms of protection against violations.