scholarly journals Legal Responsibility in Civil Society

2018 ◽  
Vol 5 (1) ◽  
pp. 73-80
Author(s):  
A A Uvarov ◽  
A A Uvarov

The article discusses the various types of content and legal liability in civil society. In the analysis of the concept of positive responsibility points to the fallacy of its identification with a political responsibility. The legal effect of a positive responsibility can be interpreted as a principle or interest, which are designed to provide not only the rights and freedoms, but also the interests of citizens. It draws attention to the feature of responsibility to the state business community, which is sometimes interpreted broadly as a social responsibility, and in practice is often associated with the violation of the rights of business structures.The article proposes to eliminate the legislative gap regarding the responsibility of the representative body of local self-government to the population by including the relevant provisions on the use of a population of mandatory and advisory forms of responsibility to this body. Describing the action of public and corporate inf luence on violators of the relevant social norms, the authors show their distinctive features, highlighting the proactive, preventive nature of these measures with respect to measures of legal liability, the applicable public authorities.In conclusion, we discuss the various purposes of legal liability in civil society, draws attention to the ambiguity of the positive potential of the empowerment of civil society at the expense transferred by it of certain state functions, as outside the legal regulation remain many questions about the conditions and the adoption of these structures sometimes their illegal decisions.

Author(s):  
Oleh Boginich

Introduction. State responsibility to civil society is a topic that has already been the subject of research by some scientists. It was studied by political scientists, representatives of constitutional law, administrative law, theory of state and law. At the same time, there are still issues that require additional analysis, since, from the author's point of view, the conclusions drawn in previous studies did not contribute to increasing the state's responsibility to civil society. The aim of the article. To investigate the nature of relations between the state and civil society, to establish the grounds for the emergence of its responsibility to civil society, the forms and methods of its control over the activities of individual state bodies and officials. Results. Control functions are immanent to the vital activity of any system. The specifics of a state-organized society necessitate two functions of control – control by society over the state as a special authorized body for solving general cases of the first, and internal control of the state over compliance with the parameters of the system defined by society. From the content of Article 1 of the Constitution of Ukraine, it follows that Ukraine is a sovereign and independent, democratic, social and legal state. These principles constitute the characteristics of the state, which the society, through its representatives in Parliament, when adopting the basic law, authorized to observe in its activities. However, the practice of the activities of state bodies of Ukraine at the present stage indicates total violations of these principles. One of the reasons for this situation is incorrectly established ties between the state and society. Most authors refer to these relations as parity, where the state and society are equal subjects . From our point of view, they are not and cannot be parity, since the state is a function of society, and there is a functional connection between them. Contrary to these conclusions, the activities of the president of Ukraine and the Verkhovna Rada of Ukraine for violating their duties are not accompanied by the onset of legal liability for them. This, in particular, applies to such cases as the confrontation between the president of Ukraine and the Constitutional Court of Ukraine, where the former unconstitutionally attempted to resolve this confrontation in his favor, suggesting that the parliament dissolve the Constitutional Court of Ukraine. This, in addition to violating their obligations to comply with the Constitution of Ukraine, should also be interpreted as a violation of their oath, which contains similar requirements for their activities. In this regard, measures are considered necessary to apply measures of legal liability to the president for violating his duties and Oath. Similar conclusions should be drawn regarding the failure to fulfill election promises on the part of people's Deputies of Ukraine, as well as their violation of the oath they take in accordance with Article 79 of the Constitution of Ukraine. Conclusions. Summing up, we can conclude that without strengthening the legal responsibility of the state to civil society for non-fulfillment of its duties, the rights of citizens will be subject to systemic violations. Political responsibility is regulated by the norms of law, and therefore it is also a legal liability, it also contains the composition of an offense, in particular a constitutional tort as the basis for its occurrence, and therefore it should necessarily provide for the existence of sanctions for violating the obligations of the relevant authorized entities. Legal liability of officials who head or are members of state bodies should always be accompanied by bringing the perpetrators to justice (constitutional, criminal, administrative, civil, disciplinary).


Author(s):  
И.А. Кузьмин

В статье приводятся промежуточные результаты исследования вопросов реализации юридической ответственности. Сформулированы подходы к пониманию механизма правового регулирования и его содержания. Установлены закономерности взаимодействий между правовыми средствами в процессе реализации юридической ответственности. Предложена общетеоретическая модель реализации юридической ответственности в правоохранительном блоке механизма правового регулирования. Проанализированы проблемные ситуации, при которых нарушаются принципы юридической ответственности и разрушаются системные связи между правовыми средствами. Annotation: The article presents the interim results of research on the realization of legal liability. Approaches to understanding the mechanism of legal regulation and its content are formulated. The patterns of interactions between legal remedies in the process of realization legal liability have been established. A general theoretical model of the realization of legal liability in the law enforcement block of the mechanism of legal regulation is proposed. The author analyzed problematic situations in which the principles of legal liability are violated, and the cases in which the systemic connections between legal remedies are destroyed.


Author(s):  
K. V. Trifonova

In the article, from the standpoint of legal science and practice of state regulation of migration relations, the author examines the application of legal liability to violators of the norms of migration legislation. The author conducts a theoretical and legal analysis of the institution of legal responsibility. The definition of legal responsibility as a legal reaction of society and the state to the unlawfulness of actions (inaction) allows us to conclude that the introduction by the state of special legal regulation is a form of disposition of state power. The implementation of legal responsibility in the dynamics of legal regulation is characterized by the intertwining of regulatory, substantive and procedural and legal aspects, which allow ensuring the passage of responsibility through all stages and procedures of legal regulation, which creates an ordering effect. In conclusion, the author points out that legal responsibility, being an element of the legal regulation mechanism, clearly demonstrates its specificity and features, as well as general efficiency in the law enforcement process of imposing punishment.


2020 ◽  
Vol 11 (4) ◽  
pp. 1246
Author(s):  
Yuriy S. NAZAR ◽  
Tetiana Ya. NAZAR ◽  
Ivanna M. PROTS ◽  
Danylo I. YOSYFOVYCH ◽  
Olena M. ILYUSHYK

The relevance of this paper is determined by both the need for appropriate scientific support to counter violations of budget legislation that have recently become quite common in Eastern Europe, and the advisability of using positive enforcement experience in Ukraine, Poland and Slovakia in this process. The purpose of the paper is to study the application of measures of administrative and financial responsibility for budget offenses under the laws of Ukraine, Poland and Slovakia in order to identify common and distinctive features of the legal regulation of this application and provide recommendations on the implementation of positive experience in the national legislation of each country. The methodological basis of the study is a set of general scientific and special scientific methods and techniques of scientific knowledge that provide an integrated approach to the analysis of financial, legal and administrative aspects of responsibility for budget offenses under the laws of Ukraine, Poland and Slovakia. It seems advisable to borrow for Ukraine and Slovakia the experience of legal regulation of budget-delictual relations in Poland by adopting a single legislative act that would regulate the grounds and procedure for applying measures of financial and legal responsibility in the budget sphere, and for Poland and Slovakia the experience of Ukraine in differentiation would be interesting responsibility of officials who committed violations of budget legislation (administrative responsibility) and legal entities (administrators or recipients of budget funds) on whose behalf the officials acted (financial and legal liability). The materials in this article may be useful for scientists conducting research on budget-delictual relations, scientific and pedagogical workers during the teaching of the disciplines of ‘Financial Law’, ‘Budget Law’, as well as for representatives of law-making entities in the process of improving budget and administrative legislation.


2021 ◽  
Vol 4 ◽  
pp. 31-32
Author(s):  
Aleksandr A. Kitayev ◽  

The work examines parliamentary immunity in the context of administrative and legal responsibility. The current legislation is analyzed for problems in the legal regulation of the status of deputies of the State Duma, members of the Federation Council, deputies of legislative bodies of constituent entities of the Russian Federation, as well as the status of deputies in representative bodies of local self-government. Possible options for solving problematic issues on the topic of work are described.


Lex Russica ◽  
2020 ◽  
Vol 1 (1) ◽  
pp. 59-69
Author(s):  
O. A. Avdeeva ◽  
V. A. Avdeev

The paper investigates methodological, organizational and practical aspects of the legal effect on corruption during the period of formation and development of the national statehood. The novelty of the subject under consideration lies in the issue associated with: 1) the disclosure of the causes and conditions of corruption as a socially negative phenomenon at certain stages of the state and legal development; 2) identification of key directions of the legal policy in the field of anti-corruption predetermined by socio-economic and political transformations. In the course of achieving the goal of the study, the author has applied special legal methods of cognition contributing to the retrospective analysis of the legal regulation of legal liability for corruption-related offenses. As the result of the study, the paper shows the legal nature of corruption, its essential specificities and features as a socially negative phenomenon. The authors have identified peculiarities of anti-corruption measures undertaken during the period of the Russian statehood under review. Also, they have determined the tendencies in the legal regulation of corruption-related crimes and defined the features of the mechanism of the legal regulation of legal responsibility for corruption. The authors have expressed their opinion about the absence of categorical and legal assessment of the concept of corruption in the domestic legislation of the period under review that would predetermine recognition of measures having effect under criminal law as a strategic resource of counteracting corruption-related offenses. The paper draws conclusions about the factors inspiring the legislative regulation of corruption-related crimes and about the specifics of the implementation of punishment and other measures under criminal law.


2020 ◽  
Vol 4 (3) ◽  
pp. 46-68
Author(s):  
Roman A. Shepenko ◽  
Lia Nani

The subject. For many years, Georgia, Moldova and Russia were part of the same state, which a priori indicates the existence of a similar legal system. Despite the positive experience of the European Economic Community, the trends that the USSR faced at the end of the XX century were reversed: the former republics gained independence and started to form their own legal systems. It seems appropriate to put forward the hypothesis that the newly formed States should have used a common legal heritage and/or tried and tested foreign examples of normative acts. However, this does not seem to be the case. Purpose of the study. The article represents an attempt to verify the aforementioned hypothesis and deals with selected provisions of the national legislation of Georgia, Moldova and Russia that, from one hand, relate to taxation and, from the other, are of general character, i.e. can be applied not only to particular cases. Methodology. The research was carried out with the application of the formally legal interpretation of legal acts as well as the comparative analysis of Georgian, Moldovian and Russian legal literature. Structural and systemic methods are also the basis of the research, The main results. The content of tax laws determines the chosen model of the distribution of law provisions on liability for breach of tax legislation, i.e. the fact whether such laws contain provisions on liability. The compulsory administrative stage of dispute resolution has proven to be ineffective for taxpayers, tax representatives and third parties. As for the international resolution of tax disputes there is a wide diversity of applicable means (particularly, arbitration which is not characteristic for the national order) and of specific dispute resolution mechanisms. Conclusions. Despite certain differences, the legal regulation of liability and dispute resolution in Georgia, Moldova and Russia is very similar. However, it is necessary to take into account the distinctive features arising from the limitation of the territorial legal effect of the norms of Georgia and Moldova.


Author(s):  
O.R. Dashkovskaya ◽  
V.O. Yavorsky ◽  
K.D. Bezsonova

The article analyzes the concept of "positive legal responsibility". Its relationship with the term "responsibility" is established, the ratio of social and legal responsibility is considered. The relationship between the philosophical and moral meaning of the concept of "responsibility" is defined. Emphasis is placed on the need to define legal liability through the main objectives and principles of law, the practice of application and interpretation of the legal content of liability. The existence of positive and negative aspects of legal responsibility in modern legal science is outlined. The positive aspect of legal responsibility as a type of legal responsibility, which is a reaction of the state and society to socially useful action, is considered. The main types of legal incentives are identified. The most common signs of positive legal responsibility are outlined.  The negative aspect of legal liability is considered. The basic approaches to its understanding are defined, the basic signs are outlined. It is noted that negative legal liability is considered a means of guaranteeing the rights and freedoms of citizens. It is determined that in the mechanism of legal regulation measures of positive legal responsibility act as means of social control over the behavior of participants in public relations, ensuring mutual coherence of their actions.  Positive legal liability is aimed at reducing the manifestations of illegal behavior by stimulating the subjects of legal relations to implement socially useful behavior through various incentives and is characterized by the following features: associated with the provision of additional rights to the person; occurs for the implementation of certain desired behavior; established in incentive legal norms; is a means of stimulating subjects to commit lawful acts; sold voluntarily.  It is established that positive legal responsibility is a voluntary form of realization of legal responsibility, it is a legal obligation of the subject of responsibility to act according to requirements of legal norms which is realized in its lawful behavior.


2017 ◽  
Vol 5 (2) ◽  
pp. 128-132
Author(s):  
Роман Маркунин ◽  
Roman Markunin

The article deals with the legal regulation of legal responsibility of deputies in the current Russian law. The current understanding of the free parliamentary mandate and the results of its anchoring in legislation. Particular attention is paid to recent changes in the law, which led to a significant revision of the duties and responsibilities of the people’s representatives. Further ways of improving the institute of responsibility and proposes concrete solutions to the existing problems in the sphere of regulation of the responsibility of the Council of Senators of the Federal Assembly of the Russian Federation are analyzed. In particular, it proposed to consolidate the right to a public authority of the subject of the Russian Federation to terminate the powers of the Federation Council of the Federal Assembly of the Russian Federation senator on the grounds of loss of confidence. We study the question of the implementation of legal policy aimed at building a legal state and civil society. The conclusion about the need to rethink the position of deputy and senator and establish in law a specific list of grounds for the loss of the aforementioned subjects of their status is made.


Author(s):  
L. Ladina ◽  
M. Veselov

The legal responsibility of a notary is in its essence an important element of the legal regulation of public relations in the field of notarial activities, which is manifested in the purposeful influence of the state on the behavior of notaries through legal means. The purpose of this article is to formulate the concept and outline the characteristics of the main types of legal liability of a private notary. The legal liability of private notaries is proposed to be understood as a set of legal coercive restrictions provided by law and the suffering of subjects of private notarial activity of personal, organizational and property nature for the committed offense. At the same time, it is emphasized that the legal responsibility of a notary as a structural element of his legal status consists not only in the application of appropriate coercive measures against him for an offense (retrospective aspect), but also in his awareness of his responsibility for proper performance (prospective aspect). It is noted that the components of the system of legal liability of a private notary are its types, namely: civil (professional), criminal, administrative and disciplinary. It is emphasized that the institution of legal liability of private notaries should be considered not only as a guarantee of lawful and conscientious performance of their duties, a means of protecting the legitimate interests of the state and citizens related to the provision of notarial services, but also as a regime of private notaries. procedural relations arising from the application of coercive measures by the state to them. It is established that the legal responsibility of a private notary is complex, and provides for the imposition on him not only the actual legal responsibility, but also moral responsibility for actions before the state and society. The limits of legal liability of private notaries depend on the type of such liability. The administrative nature of the notary’s activity and his performance of actions on behalf of the state allows to draw a conclusion about the tortious nature of the notary’s liability for violation of the established procedure for performing notarial acts.


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