Macro Level of the Institution of Legal Responsibility

Abstract

The purpose of the research is to determine the macro level elements of the institutionof legal responsibility, their characteristic features and functional interconnections. Suchmethods 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 quantitativechanges into qualitative changes were used. Legal responsibility is one of the centraland dynamically developing inter-sector institutions of law that provides functioningother legal institutions and influences the condition of legality, law and order, as well asexecuting rights and freedoms by citizens. The author emphasizes the need to examinethe institution of legal responsibility as a multi structural unit in its interconnection withall elements of the legal system. The issue of the macro level of the institution of legalresponsibility is studied based on its understanding as an integral legal phenomenon,including positive and negative aspects of its realizations. The author proves that theinstitution of legal responsibility is inter-sector and functional one. At the same time, it hasa complex structure that includes micro and macro levels. The study has determined thatthe macro level of the institution of legal responsibility involves material and proceduralresponsibility; positive and negative legal responsibility. It is revealed the institutionalnature of positive legal responsibility that includes the norms and principles, formalizedprohibitions, obligations and permissions, as well as such a major element as theinstitution of incentives. Considering division of the legal system into private and publiclaw, 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 legalsystem is not identical to the macro level of the system of legal responsibility. It is arguingthat to the present day the institution of constitutional procedural responsibility has notbeen formed yet. Therefore, it should be viewed as a sub institution of constitutionalresponsibility. Characteristic features of procedural responsibility as well as the featuresthat differentiate it from responsibility in material law are provided.
For сitation: Lipinsky D.A. (2019) Macro Level of the Institution of Legal Responsibility. Pravo. Zhurnal Vysshey shkoly ekonomiki, no 1, pp. 25–44 (in Russian) DOI: 10.17-323/2072-8166.2019.1.25.44