THE LEGAL RESPONSIBILITY IN THE LAW
Journal Title: Зовнішня торгівля: економіка, фінанси, право - Year 2018, Vol 2, Issue 97
Abstract
Background. The responsibility is an important feature of the society, persons and the law. The scientists in the law are disputing still about the structure of the legal liability and its place in the law. The aim of the article is to deepen the theory of legal responsibility basedon the place and role determination of legal responsibility through its essential characteristics. Materials and methods. The information base of research is the law of Ukraine, domestic scientific works in the law. Researches used general scientific and special legal methods: systemic, that includes different components with their specific tasks and functions, which interact with each other for achievement of this objective, comparative legal and linguistic methods and others. Analysis of recent researches and publications. Sue, the works of some contemporary Ukrainian scientists are devoted to the study of the complex legal responsibility. But the problem of its role and essence has not received sufficient popularity among the domestic scientists, so there is a need for profound research of such concepts. Results. The author investigated legal responsibility as an obligatory structural element and an attribute of law (legal liability), and as an integrated interdisciplinary institution of the law also, composed of two sub-institutions of law – negative legal responsibility and positive legal responsibility. The article defines the role of legal responsibility in the legal system in the broad sense, as well as its place in the structure of law. The author proves that legal responsibility is a complex, multidimensional category. The article contains a some of features of legal responsibility in the structure of the law. Conclusion. So, legal responsibility is characterized not only by co-complexity, but also diffuseness, synergism, dialecticity, and its matrix is an indicator of the degree of humanistic development of the legal relations in a specific society.
Authors and Affiliations
Liudmyla SHESTOPALOVA
Keywords
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