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Individual - who is it?
The term "natural person" is widely used by civil legislation and refers to a person as a subject of law. Ie this is a concrete person who has a number of signs on which he can be identified, and consisting in certain legal relations with the state.
Obviously, only an individual can be recognized as an individual. A reasonable person is the only living thing with a material culture (including the ability to make and use tools), abstract thinking and articulate speech.
In addition, a person - a social being, people's relationships are regulated by the rules established by society. The main of these rules are regulated by the state. Therefore, civil legal relations are relations between the individual and the state.
An individual comes into being with the birth of a person. For its identification (identification), the following characteristics are used, in addition to external data: name (with middle name), family name, place of residence.
There are other, later appeared characteristics - taxpayer's tax ID, various numbers of his documents. All of them are required when concluding various transactions. The place of residence determines the jurisdiction of the person for the cases of the Civil Code and the Criminal Code of the Russian Federation.
The legal personality of natural persons is a necessary condition for entering into legal relations. This term combines two concepts - the legal capacity and capacity of a person. Under the legal capacity is understood the ability to possess civil rights and duties, this category is inherent in any person regardless of age, i.e. arises with his birth and ends with death.
The capacity of individuals is the ability to independently acquire and exercise these rights, create (and fulfill) civic duties. That is, a capable person is responsible for his own actions, can conclude deals, sign contracts, etc.
Part of the events in the life of a person (an individual) refers to acts of civil status and requires mandatory registration. This is the birth, the conclusion (divorce) of marriage, in addition, adoption and death.
Unlike legal capacity, the person can have legal capacity only from a certain age. Up to 6 years a person is completely incapacitated. From 6 to 14 years of age, it is considered to be of limited operational capacity. From the age of 14 to 18, he is partially capable, and only from the age of 18 is fully capable (excluding cases of marriage or entering into an employment relationship with a minor).
The term "individual" is often replaced by the concept of "citizen". But this is not exactly the same thing. From the point of view of the state, all individuals are divided into categories - a citizen (possessing the citizenship of a given country), a foreign citizen (having citizenship (citizenship) of another state) and a stateless person. Thus, the notion of an individual is more widespread.
From the point of view of legal registration of activities, the status of an individual is owned by an entrepreneur acting individually, in contrast to a legal entity. Both these terms refer to subjects of law, have their own property, participate in the turnover and enter into civil relations on their own behalf and bear full responsibility for them. But, unlike physical, a legal entity is a collective subject of law and, by definition, can not consist of one person.
A physical person, or an individual entrepreneur, carries out his activities entirely independently, at his own risk and risk. At the same time, he can attract hired workers, but he does not have the status of a legal entity.
According to the legislation of the Russian Federation, Russian individuals are considered to have permanent residence in the territory of the Russian Federation and Russian citizenship or are registered as individual entrepreneurs in accordance with the legislation of the Russian Federation. Thus, this category may include a foreign citizen permanently living on the territory of our country.
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