Legal Challenges in the Integration of Material Objects and Individuals within the Mechanism of Legal Personality

Individuals who have lost the functions of certain organs or bodily systems are limited in their ability to exercise civil legal capacity compared to other categories of citizens whose health is unimpaired. This problem is of particular relevance to participants in the special military operation whose bodily functions have been impaired as a result of fulfilling state-assigned tasks. An asymmetry has been identified between the actual position of persons with impaired bodily functions and other subjects in terms of their capacity to exercise civil legal personality. In order to implement the principle of legal equality, this asymmetry should be eliminated by granting the former additional legal capabilities. In practice, such asymmetry is mitigated by material objects integrated with the human body to compensate for lost bodily functions. These objects ensure the individual’s ability to engage in volitional conduct, serving as a means of the citizen’s embodiment in the external world and enabling interaction with objects external to the person. This distinguishes them from ordinary civil law objects and justifies their consideration as an inseparable element of the legal subject. For the purpose of implementing the principle of legal equality, such objects should be afforded the same legal treatment as biological body parts, given that they perform analogous functions in sustaining human life. To protect the interests of individuals, it is substantiated that these objects constitute an integral part of the legal subject, and any encroachment upon them should be qualified as an encroachment upon the person.

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