Legal approaches to the concept of the state as a legal entity of public law

In the article, the author examines legal approaches to the concept of the state as a legal entity. The author examines doctrinal approaches to determining the legal nature of the state in different historical periods. The issues of the legal capacity of the state in the Romano-Germanic legal system are considered. Thus, in France, the state as a legal entity is characterized by such features as: organizational unity (staff); property separation (state property); acting in circulation on its own behalf, civil liability (compensation for damage and payment of legal costs). In Germany, the state refers to a territorial corporation that has the status of a legal entity under public law. Corporations are created in an administrative order, can issue regulatory acts, and have membership. The article analyzes the theory of the state as a legal entity in Western European countries. In the doctrine of Spanish law, the state is recognized as a community that independently and through bodies created by its will realizes its own interests on a given territory, that is, it is a collective entity of international law and domestic public law. In Spain, as in Ukraine, the state is not recognized as a legal entity. In Art.Art. 148, 149 of the Civil Code of Spain, it is about the operation of a limited concept of the state as a state apparatus. Within the framework of this limited concept, which differs from the concept of the state as a social fact, the state appears as a subject of duties and powers in the internal sphere, that is, the duties and powers that state bodies have in relation to citizens and non-state organizations. Such powers and obligations do not belong primarily directly to the state, and the latter belong to state administration bodies, and therefore the state is not considered a legal entity in the Spanish Constitution. In the article, the author examines the features of the state as a legal entity of public law. The state, as a subject of civil law, is characterized by the features of a collective formation inherent in a legal entity: organizational unity, property independence, the presence of its own name, and civil legal personality.