The relationship of legal liability with the system of law

The relationship of legal liability with the system of law

Authors

• I. Kuzmin

Keywords:

positive legal liability, negative legal liability, legal liability in an objective sense, legal liability in a subjective sense, system of law, the institution of legal liability, conflicts, state coercion.

Abstract

The article is devoted to the study of the problem of the relationship of legal liability with the system of law. The problems of the methodology of the study of legal liability as element of the system of law − interdisciplinary institution are considered. Deficiencies of traditional approaches to understanding legal liability are identified and, on this basis, an author's vision of legal liability at the level of objective and subjective law is proposed. Legal liability in an objective sense is a measure of state coercion enshrined in the sanctions of legal norms, and in the subjective sense is the duty of a specific offender to undergo these measures. The specifics of the institute of legal liability is disclosed, including, taking into account the implementation (dynamics) of liability and its law-making construction. The interaction between the process of materialization and the subsequent execution of punishment with the system of law is shown.