Legal Status of a Person: Methodological and Conceptual Analysis

Abstract. The article is devoted to the analysis of conceptual and methodological factors of the modern understanding of the legal status of a person. It is reasoned that the legal status supports and mediates relations between the state, society and the individual in the paradigm of the legal space.

It is substantiated that the issue of transformation of the legal status of a person has a synergistic and combinatorial nature, which is caused by the expansion of its elemental composition, by the mandatory inclusion of such elements as the principles of law and legitimate interests, and the virtualization and globalization of social reality.

The principles of law are indicated as an element of legal status and it is proved that they have a general form, which includes the basic standards of protection of the rights and freedoms of a person, a legal entity, the state and international institutions. Their universal, transcendental, meta-anthropological nature is foreseen. The principles are divided into two groups - general (internationally recognized) and special (representing special value approaches that are in demand in certain situations in which the subject of law is).

It is proved that according to the ideology of humanism and transcendental democracy, the legitimate interest should be determined by the element of legal status, since the free will of the human personality establishes the tendency and the need for the protective mechanism of the state. The material vision of the rule of law imposes on the law the qualities necessary to guarantee the freedom of the individual by ensuring legal certainty and legitimate expectations of legal subjects in the continuity of state actions.

The modern society cannot in a certain way regulate the new rights as firmly as the classical scope of rights, so new challenges appear concerning the fourth generation of human rights. It is important to prevent violation of the principle of rule of law, legality and non-discrimination in this process.

The author of the article motivated by casual examples that the methodological paradigm of the legal status during the global-virtual transformation should provide essential legal and natural approaches in order to obtain the desired result - revealing the value of a person, his protection and protection and securing him from negative manifestations of devalued relations by methods of legal influence.