The Significance of System Approach in Study of Public Bodies Liability

Abstract

Currently, the choice of the proper approach to the methodology of legal research is one of the main conditions for achieving truth in the scholar knowledge of state law phenomena. The use of the systematic method in the framework of research provides new opportunities for the disclosure of its essence, content and advantages, including in the questions of studying the responsibility of public authorities. The purpose of this article is to understand the feasibility of using the system method in studying the legal responsibility of public bodies. The authors suggest the ways of improving the system of responsibility of the bodies and specific recommendations for changing the current legislation. The methods used in the article include general scholar (dialectical, logical, systemic) and special legal (comparative, formal, legal modeling, etc.). As a result of the analysis, the authors 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, which ensures a relative independence and unity of this set, which is expressed in the conscious observance 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 functions of the responsibility system with their brief description were highlighted in the paper. In addition, the article establishes specific elements of the system of legal responsibility of public authorities. The analysis of sources allowed developing the structure of the system of legal responsibility of public bodies, which includes the following elements: the subject of responsibility, the basis of responsibility, liability measures, the procedure for bringing 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 elements of the aforementioned system at the legislative level and describes the issues arising in this connection. The authors come to the conclusion that a systematic approach should be used as the basis for the methodology of researching the legal responsibility of public authorities, which will reveal new ways of developing the institution of responsibility in relation to authorities.