ON IDENTIFICATION OF A SUBJECT OF LEGAL RELATIONS

Year: 
2020

Article:

Issue: 
6

UDC: 
342
DOI: 
10.34076/2219-6838-2020-6-64-68
Author(s): 

Molchanov Roman

Associate professor, Synergy University, Witte Moscow University (Moscow), candidate of legal sciences, ORCID: 0000-0003-1103-5455, e-mail:rosjurservice@gmail.com

Author(s): 
Molchanov Roman
Abstract: 

The article assesses the main trends in the development of legal mechanisms for identifying individuals as subjects of legal relations. Based on current Russian rules, the author concludes that there are some problems in identifying a subject of legal relations arising from the liberal approach of the state to changing the name by its citizens, as well as from the properties of the name itself that minimize its uniqueness. It is noted that the problem of identifying a subject in some legal relations is actually recognized by the state, and the state has already proposed a solution to it by using additional identifiers. Another state measure taken to solve the problem of accurate identification of a subject is the creation of a federal information register of information about the population. At the same time, both additional identifiers and the register that combines information about them, according to the author, have a number of disadvantages that do not allow to achieve reliable identification of an individual in legal relations. The author suggests that genomic registration based on DNA analysis can serve as the basis for a reliable legal mechanism for identifying an individual today.

Key words: 

name, identification, additional identifiers, population information register, genomic registration, DNA analysis

For citation: 

Molchanov R. (2020) On identification of a subject of legal relations. In Elektronnoe prilozhenie k «Rossiiskomu yuridicheskomu zhurnalu», no. 6, pp. 64–68, DOI: https://doi.org/10.34076/2219-6838-2020-6-64-68.

Text of the article: 

Publication date: 
Sunday, 25.04.2021

English