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

Legal Responsibility as a Means to Prevent Offences

2020. No. 4. P. 4–24 [issue contents]
The purpose of the study is to identify the role and importance of legal responsibilityas a means of prevention from the standpoint of its understanding as an integral legalphenomenon, including the positive and negative aspects of implementation. Thesubject of the study is the evolution of the concept and meaning of legal responsibility,legal norms that enshrine legal responsibility. The article analyzes the evolution ofunderstanding of the phenomenon of social responsibility in general and legal inparticular. The characteristic signs of social responsibility are revealed and interrelationswith its separate type, namely legal responsibility, are established. The derivative of legalresponsibility from social is shown, which in the aggregate of all its manifestations andtypes is aimed at preventing deviant behavior. Arguments are presented proving thepresence in the legal system of Russia of not only negative legal liability for violationsof legal norms, but also a positive component of this phenomenon. The dependence ofthe prevention of offenses is substantiated not so much on the effect of negative legalliability, but on positive. The opinion is expressed that the opposites of the manifestationsof legal responsibility can be represented in the form of paired categories. Such pairingis an expression of the contradictory nature of each manifestation of responsibility.The necessity of further research of positive legal responsibility in the context of theprevention of offenses in various ways of legal regulation is proved. A number of the mostimportant functions of the legal liability system are being established. The problem oflegal responsibility of state bodies is touched upon, the functioning of other types of legalresponsibility, the formation of a rule of law, and ultimately the prevention of offenses,depends on its effectiveness. Conclusions are drawn about the historical nature of the normative nature of positive legal responsibility, its predetermination by the entire legalsystem and the very need for social development. Moreover, the prevention of offensesby means of positive legal responsibility is carried out by “soft” methods and means. Inthe context of the dialectical interaction of the positive and negative component of legalresponsibility, conclusions are drawn about the prevention of the positive responsibility ofnot only offenses, but also of negative legal responsibility as such.
For citation: Malko A.V., Lipinsky D.A., Markunin R. (2020) Legal Responsibility as a Means to Prevent Offences. Pravo. Zhurnal Vysshey shkoly ekonomiki, no 4, pp. 4–24 (in Russian) DOI: 10.17323/2072-8166.2020.4.4.24
Citation: Markunin R., Lipinskiy D., Mal'ko A. (2020) Yuridicheskaya otvetstvennost' kak sredstvo preduprezhdeniya pravonarusheniy: aktual'nye problemy [Legal Responsibility as a Means to Prevent Offences]. Pravo. Zhurnal Vysshey shkoly ekonomiki, no 4, pp. 4-24 (in Russian)
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