Macro Level of the Institution of Legal Responsibility
Abstract
The purpose of the research is to determine the macro level elements of the institution of legal responsibility, their characteristic features and functional interconnections. Such methods of analysis as formal legal, comparative legal and historical legal were applied. Philosophical laws of the unity and struggle of opposites and the passage of quantitative changes into qualitative changes were used. Legal responsibility is one of the central and dynamically developing inter-sector institutions of law that provides functioning other legal institutions and influences the condition of legality, law and order, as well as executing rights and freedoms by citizens. The author emphasizes the need to examine the institution of legal responsibility as a multi structural unit in its interconnection with all elements of the legal system. The issue of the macro level of the institution of legal responsibility is studied based on its understanding as an integral legal phenomenon, including positive and negative aspects of its realizations. The author proves that the institution of legal responsibility is inter-sector and functional one. At the same time, it has a complex structure that includes micro and macro levels. The study has determined that the macro level of the institution of legal responsibility involves material and procedural responsibility; positive and negative legal responsibility. It is revealed the institutional nature of positive legal responsibility that includes the norms and principles, formalized prohibitions, obligations and permissions, as well as such a major element as the institution of incentives. Considering division of the legal system into private and public law, a conclusion is made that the classification of legal responsibility into public legal and private legal ones at the macro level is not acceptable. The macro level of the legal system is not identical to the macro level of the system of legal responsibility. It is arguing that to the present day the institution of constitutional procedural responsibility has not been formed yet. Therefore, it should be viewed as a sub institution of constitutional responsibility. Characteristic features of procedural responsibility as well as the features that differentiate it from responsibility in material law are provided.
References
Boichev G. (1972) [Sanctions in the Legal System of Bulgaria]. Sofia: Jurispress, 120 p. (in Bulgarian)
Kolosova N.M. (2000) [Constitutional Responsibility in Russia]. Moscow: Gorodets, 160 p. (in Russian)
Kremer Yu.O. (1998) [Legal regulation of bill responsibility. Candidate of Juridical Sciences Thesis]. Perm, 180 p. (in Russian)
Kudryavtsev V.N. (1986) [Law, Action, Responsibility]. Moscow: Nauka, 448 p. (in Russian)
Leist O.E. (1981) [Sanctions and Responsibility in the Soviet Law]. Moscow: MGU Press, 238 p. (in Russian)
Musatkina A.A. (2004) [Financial responsibility in the system of responsibility]. Togliatti: University Press, 144 p. (in Russian)
Narysheva N.G. (1997) [The notion and essence of tariff responsibility]. Gosudarstvo i pravo, no 10, pp. 39-44 (in Russian)
Noskov S.A. (2007) [The institute of responsibility. Candidate of Juridical Sciences Thesis]. Togliatti, 190 p. (in Russian)
Pavlushina A.A. (2006) [Theory of legal process: issues and prospects (Candidate of Juridical Sciences Thesis Summary)]. Samara, 44 p. (in Russian)
Sapunova M.A. (2007) [Responsibility of judges in the Russian Federation: theoretical analysis (Candidate of Juridical Sciences Thesis)]. Moscow, 190 p. (in Russian)
Suntsova E.A. (2005) [Nontraditional types of responsibility (Candidate of Juridical Sciences Thesis)]. Moscow, 180 p. (in Russian)
Turusova O.S. (2011) [Family responsibility in Russia and abroad (Candidate of Juridical Sciences Thesis)]. Moscow, 198 p. (in Russian)
Vitruk V.N. (2008) [General Theory of Responsibility]. Moscow: RAP Press, 408 p. (in Russian)
Weber M. (1993) Politik als Beuf. Berlin, 661 p. (in German)
Werber H., Wolf H. (1969) Strafrechtliche Verantwortlichkeit, System der Kriminalitatsvor-beungund — bekampfung und sozialishes Rechtssystem. Staat und Recht, no 1, S. 429437 (in German)
Copyright (c) 2019 Law. Journal of the Higher School of Economics
This work is licensed under a Creative Commons Attribution-ShareAlike 4.0 International License.
