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An important property of legal personality is that it is guaranteed
by the state: the relevant state bodies are obliged to provide each
subject with the possibility of full and unimpeded exercising rights, as
well as fulfilment of duties due to his/her legal personality. It is stated

in the International Covenant on Civil and Political Rights, adopted by
the United Nations in 1966, "Everyone shall have the right to
recognition everywhere as a person before the law" (Article 16).

The scope of legal personality for different subjects of law is
different. Legal personality includes two legal characteristics of a
person: legal capacity – the ability of a person to have subjective
rights and legal obligations; capacity – the ability of a person with

his/her actions to acquire rights and responsibilities.
The emergence and scope of legal capacity and capacity are
somewhat different for individuals and legal entities. The legal

capacity of an individual arises from the moment of his/her birth and
terminates with his/her death, and may be limited by a court decision
(deprivation of the right to occupy a certain position, deprivation of

the right to engage in certain activities, deprivation of parental rights).
Capacity depends on age, citizenship, health. Thus, full capacity
begins since adulthood. You should keep in mind that legal capacity

and capacity are divided only in civil law. Civil legal capacity arises
from birth (for example, the right to own property), and capacity
appears later – limited capacity from 14 and full capacity from 18
years. In other branches of law, legal capacity and capacity are

inseparable and form common legal capacity: if a person has a certain
right, he/she can always realize it on his/her own. So, there is a
passive electoral right and the right to marry at the age of 18, from 14

years – the obligation to be responsible for the most dangerous acts,
from 16 years – for all crimes, etc.
Citizens of the state have a greater amount of rights in the
political sphere than foreigners, including the right to elect and be

elected to state authorities, the right to occupy a number of positions,
including in the state administration, etc., while foreigners and persons
without citizenship don’t have such rights. Persons suffering from

mental illness, dementia in the order established by law, by a court
decision may be declared incapacitated. Incapable persons may be
holders of rights and obligations, but their implementation is carried

out by other persons.

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