Structure of the Legal Liability System

Abstract

In this article the author relying mainly on the systematic method tried to solve the problem of thestructure of the legal liability system. As a result, the author managed to formulate the concept of thestructure of functional system in general, and the concept of the structure of the legal liability system inparticular. The structure of the functional system was presented as a certain architecture of system createdunder the mechanism providing system communication between its structural elements (components) bymeans of the targeted useful result. This definition was projected on the definition of the structure of thelegal liability system. The structure of the legal liability system appeared as a certain architecture of thelegal liability system created under the mechanism providing system relations between the types of legalliability by means of the focused useful result formulated according to the state legal policy, for example,ensuring the level of offences corresponding to the optimum performance of the democratic constitutionalsocial state. Secondly, the author specified the features of functional system, having designed them onthe specific features of the structure of legal liability system. The basis of these specific features is madeby the central organizing influence of the focused useful result of both functional system, and legal liabilitysystem respectively. Thirdly, proceeding from the concept of functional system structure in general, andstructures of system of legal liability, in particular, and their specific features, the author specified structuralelements (components) of the legal liability system. Giving preference to a branch criterion, as structuralelements (components) of legal liability system, the following types of legal liability were specified: constitutional;criminal; administrative; civil legal; labor; financial; family and legal (as a forming type of legalliability); criminal and executive; constitutional and procedural (as a forming type of legal liability); criminalprocedure; civil and procedural. Besides, an obligatory element of structure of the legal liability system isthe focused useful result formulated according to the state legal policy — ensuring the level of offencescorresponding to the optimum performance of the democratic constitutional social state.