Conceptual components of the doctrine of legal responsibility of the state in the positivist theory of law.
Journal Title: Прикарпатський юридичний вісник - Year 2018, Vol 2, Issue 1
Abstract
In the articles considered looks to legal responsibility of the state, contained in scientific labours of representatives of legal positivism ХІХ – the first half of ХХ senture of J. Bentam, O. Kont, G. Ellinek, N. I. Lazarevskiy, P. I. Lyublinskiy, A. I. Elistratov and G. Kelzen. On principle important was confession of incompatibility of idea of legal responsibility of the state from monarchist absolutist by the form of state rule. Determining was influence of G. Ellinek and G. Kelzen on the formation of the latest models of legal responsibility of the state due to strengthening of judicial (administrative and constitutional) defence of human rights and lineation of elements of studies about constitutional and international-law responsibility of the states. There were the worked out types of legal responsibility of the state, feature of responsibility of both post individuals and public organs and state, on the whole, differentiating of legal approvals for the proper offences. Actuality of bringing in of work of these scientists is found out to the decision of pressing questions of development of institute of legal responsibility of the state in modern terms.
Authors and Affiliations
О. С. Бакумов
Keywords
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