Individualization of a Citizen as a Subject of Legal Civil Matters

УДК 347.1, ББК 67.404

Abstract

The article analyzes the issue of legal regulation of individualization of a citizen in civil legislation. Attention is drawn to the category of "citizen's name" as the main means of individualization. The name is a traditional, but insufficient means of individualization of a citizen in modern realities, so there is a need for theoretical reinterpretation and assessment of legal regulation in this area. There is also a widespread opinion in legal literature that the individualization of a citizen is not manifested by their name only. The standpoint of academicians of civil law confirms the idea that other categories, in addition to the name, are also means of individualization of a citizen. Individualization of persons is a necessary attribute of civil law relations. The term "individualization" is not used in civil legislation in respect of citizens, although the leading role of the name as a means of individualization of a person is actively supported in scientific literature. The doctrine discusses opinions on clarifying the concept of "individualization". The article argues for the possibility and acceptability of using the definition of "individualization" in relation to citizens in the current Civil Code of the Russian Federation. The significant complication of social relations and the emergence of new means of individualization of persons predetermine their reflection in current legislation. Assessment of the current state of legislation in this area is given, the authors’ approaches to clarifying this concept and attributing certain legal categories to it are proposed. Analysis of the views contained in academic publications and legislative initiatives is conducted. The conclusion on the improvement of legislation is supported by specific ideas of introducing proposals to the Civil Code of the Russian Federation.