A.V. Mal'ko, R,S. Markunin

The Significance of System Approach in Study of Public Bodies Liability

2019. No. 2. P. 4–21 [issue contents]
Currently, the choice of the proper approach to the methodology of legal researchis one of the main conditions for achieving truth in the scholar knowledge of state lawphenomena. The use of the systematic method in the framework of research provides newopportunities for the disclosure of its essence, content and advantages, including in thequestions of studying the responsibility of public authorities. The purpose of this article isto understand the feasibility of using the system method in studying the legal responsibilityof public bodies. The authors suggest the ways of improving the system of responsibilityof the bodies and specific recommendations for changing the current legislation. Themethods used in the article include general scholar (dialectical, logical, systemic) andspecial legal (comparative, formal, legal modeling, etc.). As a result of the analysis, theauthors formulated the concept of the system of legal responsibility of public bodiies,which is considered as a group of legal norms that have the quality of ordering, whichensures a relative independence and unity of this set, which is expressed in the consciousobservance and implementation of legal norms by public bodies, and, in case of violation,the need to undergo adverse effects in the form of deprivations. A number of functionsof the responsibility system with their brief description were highlighted in the paper. Inaddition, the article establishes specific elements of the system of legal responsibilityof public authorities. The analysis of sources allowed developing the structure of thesystem of legal responsibility of public bodies, which includes the following elements: thesubject of responsibility, the basis of responsibility, liability measures, the procedure forbringing to justice. A brief analysis of each element of the system with its signs is given.The article provides specific examples of the absence of individual structural elementsof the aforementioned system at the legislative level and describes the issues arising inthis connection. The authors come to the conclusion that a systematic approach shouldbe used as the basis for the methodology of researching the legal responsibility of publicauthorities, which will reveal new ways of developing the institution of responsibility inrelation to authorities.
For citation: Malko A.V., Markunin R.S. (2019) The Significance of System Approach in Study of Public Bodies Liability. Pravo. Zhurnal Vysshey shkoly ekonomiki, no 2, pp. 4–21 (in Russian) DOI: 10.17-323/2072-8166.2019.2.4.21
Citation: Mal'ko A., Markunin R. (2019) Znachenie sistemnogo podkhoda v issledovanii yuridicheskoy otvetstvennosti organov publichnoy vlasti [The Significance of System Approach in Study of Public Bodies Liability]. Pravo. Zhurnal Vysshey shkoly ekonomiki, no 2, pp. 4-21 (in Russian)
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