THE POSITIVE LEGAL RESPONSIBILITY
Journal Title: Зовнішня торгівля: економіка, фінанси, право - Year 2017, Vol 5, Issue 94
Abstract
Background. The responsibility is an important feature of society. The structure of the legal responsibility and views on the understanding of positive legal responsibility remain controversial issues for scientists in the law. Analysis of recent research and publications. The works of some contemporary Ukrainian scientists are devoted to the study of the positive legal responsibility. But the problem of the role and essence has not received sufficient popularity among the domestic scientists, so there is a need for research of such concepts. The aim of the article is justification of a necessity of deepening the theory of liability, in particular, encouraging responsibility and expanding its consolidation, legislation, the implementation and application in the law. Material and methods. The information base of research is the law of Ukraine, scientific works of domestic scientists. 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. The results of the research. The scientist examined other related concepts of variability (duality) of use terms of the positive and negative legal responsibility, provided relevant examples. If the law, to mind of legal libertarism, is a connection of freedom and responsibility, then the positive legal responsibility is a condition and indicator of the degree of development of legal relations in a particular society. Conclusion. The positive legal liability is a necessary component of all types of lawful conduct, including passive, and a competent sub-institute of law.
Authors and Affiliations
Liudmyla SHESTOPALOVA
Keywords
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