LEGAL RESPONSIBILITY: THEORETICAL AND LEGAL ANALYSIS
Journal: International scientific journal "Internauka." Series: "Juridical Sciences" (Vol.1, No. 68)Publication Date: 2023-10-31
Authors : Yavnyy Oleksiy;
Page : 160-165
Keywords : legal responsibility; legal obligation; principles of legal responsibility; signs of legal responsibility; offense; state coercion; theory of law;
Abstract
The article reveals the features of legal responsibility based on theoretical and legal analysis. It has been established that the most effective mechanism for ensuring the rights and freedoms of subjects of law is legal liability. It has been established that the theory of legal responsibility is one of the central and relevant aspects of the general theory of law. It has been established that legal responsibility as an objective legal organism is expressed in legal norms of normative legal behavior and other legal sources of the national legal order. It is determined that legal responsibility is established by compliance with fulfilling an obligation or committing an unlawful act, encouraging, permitting or punishing, condemning and experiencing adverse consequences. It has been established that legal responsibility means responsibility for the past (negative aspect) and responsibility for the future (positive aspect). It has been established that the transition of legal responsibility from the sphere of objective law to the field of subjective law is closely related to the definition of sanctions by legal norms. It has been revealed that legal responsibility is a legal obligation of subjects of public relations to comply with and fulfill the provisions of legal norms enshrined in lawful actions, guaranteed and secured by state coercion, persuasion or encouragement, and in case of their violation — a property obligation. The responsibility of the perpetrator is to pronounce a sentence and restrictions of a non-property nature in relation to the person and their further implementation. The signs and principles of legal liability are highlighted. It was found that legal responsibility has a number of specific characteristics that distinguish it from other types of social responsibility. All this must be taken into account in the perspective of further research into the main aspects and features of the administrative responsibility of legal entities based on the theoretical and legal aspect.
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Last modified: 2023-12-19 03:11:00