scholarly journals Is There Material Liability of Workers and Employees as a Type of Legal Liability in Contemporary Russian Law and Legislation?

SIASAT ◽  
2021 ◽  
Vol 6 (1) ◽  
pp. 9-20
Author(s):  
Vladimir Valentinovich Kozhevnikov
Keyword(s):  
Social Relations ◽  
Legal Liability ◽  
Legal Responsibility ◽  
Scientific Article ◽  
Negative Consequences ◽  
Criminal Proceedings ◽  
Protection Measures ◽  
Legal Coercion ◽  
Labor Legislation ◽  
Law And Legislation

The subject of this article is the social relations regulated by the legal institution of material responsibility of workers and employees. The purpose of the article is the argumentation of the position according to which material liability does not have the status of legal liability. To achieve this goal, the following tasks were implemented: 1) the positions of the overwhelming number of supporters - theorists of law and scientists of labor law - were considered - recognition of material responsibility as one of the types of legal responsibility, along with criminal law, administrative law, etc., which is interpreted as compensation for harm caused to a worker or employee to an enterprise (organization, institution): 2) the views of scientists (Anatoly Borisovich Vengerov, Mikhail Mikhailovich Rassolov, Magomed Imranovich Abdulaev), who do not recognize material responsibility as a type of legal responsibility, have been analyzed; 3) analyzed approaches to understanding legal responsibility; 4) the author's position of understanding legal responsibility and its signs is given, focusing on such as the onset of negative consequences, imposing new additional duties on the offender; 5) the problem of correlation of legal liability measures and protection measures is considered. In conclusion, it is concluded that the identification of measures of legal responsibility and measures of protection have led, first, to an incorrect definition of civil liability, with which material liability is often compared; secondly, the controversial allocation of both the legal function of legal responsibility and material responsibility as a kind of legal responsibility, which, despite its consolidation in labor legislation, in our opinion, in its essential and substantive characteristics refers to protection measures. The scientific article also emphasizes that the problem of distinguishing between legal liability and protection measures is extremely important for law enforcement entities, who must adequately understand what measures of state-legal coercion they apply, which thereby realize their goals. At the same time, they should keep in mind that in practice the named types of state legal coercion are often applied simultaneously (for example, a civil suit in criminal proceedings).    

scholarly journals Оn the problems of understanding the category «sanction» in the theory of law and branch jurisprudence

2021 ◽  
Vol 66 ◽  
pp. 288-293
Author(s):  
T.V. Mikhailina ◽  
Yu. Gotsulyak ◽  
А. Gel
Keyword(s):  
Legal Liability ◽  
Legal Norm ◽  
Legal Responsibility ◽  
Scientific Article ◽  
Negative Consequences ◽  
Structural Element ◽  
Theoretical Approaches ◽  
Theory Of Law ◽  
Definition Of ◽  
Restrictive Measures

The scientific article is devoted to the analysis and rethinking of the category «sanction» in the theory of law and branch jurisprudence.As a result of the conducted research, the general theoretical definition of the category «sanction» as part of a legal norm that provides for negative consequences of non-compliance or improper implementation of the rule enshrined in the disposition of the rule of law, is supported.It is noted that, despite the existence of certain terminological differences, in general, the sciences of criminal law and the theory of law are moving in the same direction regarding the definition of sanctions and their classification, which cannot be said about other branches of law. In the science of civil law, modern definitions take us not only beyond the legal norm, but also beyond the law as a whole, focusing on the ability of sanctions to be contained in the contract between the parties, and therefore associating the sanction not with part of the legal norm, but with legal responsibility as such. And sanctions in economic law fully relate to the type and degree of responsibility.It is concluded that theoretical approaches to the definition of sanctions in administrative law can be clearly divided into two groups, the first of which «fits» into the general understanding of sanctions. When referring to the latest doctrinal sources (the second group), there is a significant variability in them and attempts to move away from the established definition. Moreover, the understanding of the sanction goes far beyond both the legal norm and legal liability, extending it, among other things, to preventive measures.Thus, it is necessary to distinguish the category of «sanction» as specifically restrictive measures, as measures of legal liability and as a structural element of a legal norm. Moreover, if the term «sanction» may well be applied to restrictive measures, which is due to the etymology of this concept, then the identification of sanctions as an element of a legal norm and measures of legal liability should be completely excluded. The use of such categories as synonymous at both the doctrinal and practical levels leads to legal uncertainty and confusion of concepts.

On Functional Purpose of Legal Liability

SIASAT ◽  
2021 ◽  
Vol 6 (3) ◽  
pp. 126-136
Author(s):  
Vladimir Valentinovich Kozhevnikov
Keyword(s):  
Legal Liability ◽  
Legal Responsibility ◽  
Protection Measures ◽  
Functional Purpose

The general theoretical and sectoral aspects of the problem of the functions of legal responsibility are considered. The author proceeds from the fact that the main methodological mistake of supporters of the restorative function of legal responsibility is that they often identify measures of legal responsibility and protection measures.

scholarly journals ON THE QUESTION OF TYPES OF LEGAL LIABILITY IN THE CONTEXT OF CHANGING STATEBUILDING PARADIGMS

2021 ◽  
Vol 1 (2) ◽  
Author(s):  
Sergey V. Petkov ◽  
Keyword(s):  
Social Responsibility ◽  
Social Relations ◽  
Criminal Liability ◽  
Social Activity ◽  
Social Institutions ◽  
Legal Liability ◽  
Legal Responsibility ◽  
Necessary Condition ◽  
Social Phenomenon ◽  
The Law

The article analyses the scientific approaches of scientists to the evolution, essence and features of the concept of �responsibility�, �social responsibility�, �legal responsibility�. It is stated that responsibility is determined by the level of development of public consciousness, the level of social relations, existing social institutions. Liability as a social phenomenon can be manifested both in a positive way � receiving a reward, and in a negative - for committing offences. The classification of responsibility as a social phenomenon depends on the sphere of social activity, in connection with which political, moral, social, legal and other types of responsibility are distinguished. It is theoretically substantiated that legal responsibility differs from other types of social responsibility by formal definition, obligatory observance of legal norms, state control over their execution, application of state coercion to the offender, prevention of offences and protection of law and order. The degree of responsibility in public and private legal relations is determined. Public torts (crime and misdemeanor) are analysed, problematic issues are outlined and suggestions for their improvement are provided. Types of legal liability for committing offences (torts) are considered. Emphasis is placed on the fact that responsibility is a necessary condition for the development and effective functioning of the state, its effectiveness depends on the mechanisms of responsibility to the individual and is determined by the level of social consciousness, the level of social relations, existing social institutions. The key task of accountability is the fair application and inevitability of punishment. Today, the real threat to national security is a theoretically unfounded amendment of the legislation on liability for offenses. Chaotic, unsystematic accumulation of blanket norms in the basic codes, introduction of new definitions and definitions in the legislation on criminal liability, misunderstanding of the essence of disciplinary liability for misdemeanors, creation of new bodies carrying out administrative activities carried out in the field of other state bodies. This has led to real irresponsibility of government officials and vulnerability of citizens from illegal actions of offenders. The Constitution of Ukraine states that a person may be liable only for offences defined by law. The law must be clear and effective. Punishment is just and inevitable. However, the law will be effective only when it will contain all the components of the rule of law: the hypothesis is usually a behaviour; disposition - violation of this rule; sanction - punishment for violation.

scholarly journals Legal responsibility: socio-regulatory context for ensuring effectiveness.

2020 ◽  
pp. 98-108
Author(s):  
Sunegin S
Keyword(s):  
Social Relations ◽  
Social Transformation ◽  
Social Institutions ◽  
Legal Liability ◽  
Legal Responsibility ◽  
Cultural Tradition ◽  
The Real ◽  
Positive Form ◽  
The Individual ◽  
High Level

Introduction. In the proposed article, the author at a theoretical level explores the problematic issues of ensuring the effectiveness of legal responsibility in the context of the modern value realities of liberal-and-democratic development. The aim of the article. The purpose of this article is to develop conceptual provisions of the social-and- normative context for ensuring the effectiveness of legal liability. Results. The problem of increasing the efficiency of functioning of the institution of legal responsibility is metanormative, because its solution goes beyond the possibilities of law as a special socio-normative system and depends directly on the concerted action of all social regulators, formed within the socio-cultural tradition of a particular nation and people. Although legal liability has lawful nature in both, positive and negative aspects, it is always linked to the realization of specific legal requirements, its subjective basis is the individual will and consciousness, the proper influence of which cannot be attained beyond the context of the high level of public authority of traditional moral principles and norms, which throughout the long history of mankind have constantly confirmed their decisive and paramount importance for ensuring any social transformation. The effectiveness of legal liability cannot be objectively achieved solely by ensuring a qualitative legal impact on its negative form of implementation, because setting a person up for legitimate behavior, as well as the stability of the latter, regardless of the specific external conditions or circumstances, presupposes the presence of an internal conscious conviction of the subject in the necessity, expediency and usefulness of the realization of legal norms. The basis of such inner conviction is, first and foremost, a personal sense of respect for the law as a social regulator, capable of useful and effective influence on multifaceted social relations, and one of the necessary preconditions for its securing is the real domination in the society and the state of the system of interconnected moral-and-law values, the relaying of which must be maintained at all levels of informative-and-communicative connections. A person's unlawful behavior and activities are always the result of a low level of positive legal liability, a disrespectful attitude to specific legal rules and law in general. At the same time, the improvement of the positive form of legal liability is based not so much on law, but on a high level of moral consciousness of the individual and moral «climate» in society. From this follows the real impossibility to increase the effectiveness of the institution of legal responsibility in state in the context of devaluation of the importance of moral regulation of will, consciousness and relations in society. Conclusions. Improving the functioning of the institution of legal responsibility in modern democratic realities requires the formation and maintenance of real social action of the system of moral-and-law values, the necessity, usefulness and priority of which has been repeatedly demonstrated in many historical examples. It should be borne in mind that the formation of such a value system is a complex and long-lasting process that is influenced by many interrelated and interdependent factors, in particular, a certain historical tradition, peculiarities of folk mentality, culture and art as one of the ways of perception and cognition of the surrounding world, social ideology, family education and other social institutions, etc. That is why attempts to establish such a system of values only with the help of appropriate power and legal means cannot produce positive results, but on the contrary, will contribute to the growth of social anomie in society.

Legal responsibility in the sphere of labor relations as an inter-branch Institute of law

2016 ◽  
Vol 4 (3) ◽  
pp. 80-85
Author(s):  
Олеся Репетева ◽  
Olesya Repeteva ◽  
Дмитрий Липинский ◽  
Dmitriy Lipinskiy
Keyword(s):  
Labor Relations ◽  
Legal Liability ◽  
Legal Responsibility ◽  
Scientific Article ◽  
Common Goals

The scientific article is devoted to legal liability in the field of labor relations. On the basis of current legislation and practice is justified that the system of law interindustry functional institute of legal responsibility in the sphere of labor relations that make up the rules of disciplinary, administrative, civil, financial, criminal, and citizens liability. It is concluded that the presence of interindustry institution emphasize the following factors. Firstly, it can be protected or regulated labor relations. Secondly, between institutions there are genetic, coordination and subordination relations. Third, the rules included in the joint industrial-left Institute formulate compositions which are differing from each other by only a few symptoms. Fourth, data subinstituty also connects common goals, objectives and principles. The article was supported by the Russian Foundation for Humanities, the project № 16-33-00017 «Complex, interdisciplinary institute of legal responsibility: the concept, structure, rela-tionships and role in the system of law."

scholarly journals Trends and Prospects for legislative regulation of legal responsibility for environmental offenses in BriCs Countries: Comparative law

2019 ◽  
Vol 6 (1) ◽  
pp. 82-101 ◽  
Author(s):  
A. Anisimov ◽  
Ju. Kayushnikova
Keyword(s):  
Environmental Protection ◽  
Geographical Location ◽  
Legal Liability ◽  
Legal Responsibility ◽  
Positive Experience ◽  
Legal Analysis ◽  
Negative Consequences ◽  
Environmental Legislation ◽  
National Legislation ◽  
Brics Countries

This article provides a comparative analysis of the features of the national legislation of the BRICS countries that regulates the issues of legal responsibility for environmental offenses. The authors consider aspects of the normative consolidation of the rights and obligations of citizens in the field of environmental protection, the types of legal liability and the applicable sanctions for violations of environmental standards provided for by the national legislation of all BRICS countries. The study of the environmental legislation of the BRICS countries (Brazil, Russia, India, China and South Africa) reveals a number of general and specific directions in environmental policy with the aim of enriching the said countries with positive experience, overcoming difficulties in the organization of environmental management and environmental protection, the prevention of possible errors in the context of global economic and environmental crises, and making recommendations for environmental improvement. Improving the legislation of the BRICS countries in the field of legal liability for environmental offenses by taking into account the positive experience of these countries will help increase the effectiveness of prevention and rectification of negative consequences for the environment in both the Russian Federation and the BRICS association as a whole. Consequently, a comparative legal analysis of national environmental legislation of BRICS countries suggests that the general principles of responsibility for environmental offenses are inherent in all these countries, despite their fundamental differences in history, culture and geographical location.

SOME MEASURES OF LEGAL RESPONSIBILITY FOR CORRUPTION OFFENSES IN THE LAW OF THE MOSCOW STATE OF THE XV-XVI CENTURIES

2020 ◽  
pp. 67-71
Author(s):  
Любовь Евгеньевна Логунова
Keyword(s):  
Corporal Punishment ◽  
Criminal Responsibility ◽  
Legal Liability ◽  
Legal Responsibility ◽  
Historical Period ◽  
Legal Interpretation ◽  
Present Stage ◽  
Legal Documents ◽  
Time Period ◽  
Russian Law

В статье автором проводится анализ законодательных памятников права Московского государства XV-XVI вв. и публично-правовых грамот. Выявляется проблема отсутствия законодательного закрепления таких понятий, как «коррупция», «коррупционное правонарушение». Предпринимается попытка определения данных понятий. Сравнивается понимание указанных явлений в XV-XVI вв. с современной правовой интерпретацией. Анализируются и раскрываются основные аспекты и особенности коррупционных правонарушений, характерные для периода Московского государства. Перечисляются меры противодействия коррупции на современном этапе и в рассматриваемом временном периоде. Изучаются не только такие известные памятники российского права, как судебники, но также и иные источники права периода XV-XVI вв. Перечисляются и раскрываются меры юридической ответственности за совершение коррупционных правонарушений. Дается краткая характеристика видам юридической ответственности, применяемым за совершение коррупционных правонарушений. Подчеркивается тяжесть уголовной ответственности, которую несли низшие судебные чиновники за совершение коррупционных правонарушений. Автор обращает внимание на то, что законодатель рассматриваемого периода придавал большое значение борьбе с чиновничьим произволом на местах. В ходе исследования автор приходит к выводу о том, что расширение видов мер юридической ответственности за коррупционные правонарушения, назначение тяжких телесных наказаний за совершение такого рода деяний не привело к искоренению коррупции в рассматриваемом историческом периоде. In the article, the author analyzes the legal monuments of the Moscow state of the XV-XVI centuries and public legal documents. The problem of the lack of legislative consolidation of such concepts as «corruption», «corruption offense» is revealed. An attempt is made to define these concepts. The understanding of these phenomena in the XV-XVI centuries is compared with the modern legal interpretation. The main aspects and features of corruption offenses typical for the period of the Moscow state are analyzed and disclosed. Measures to counteract corruption at the present stage and in the considered time period are listed. We study not only such well-known monuments of Russian law as sudebniki, but also other sources of law from the XV-XVI centuries the measures of legal responsibility for committing corruption offenses are Listed and disclosed. A brief description of the types of legal liability applied for corruption offenses is given. The author emphasizes the severity of the criminal responsibility that was borne by lower judicial officials for committing corruption offenses. The author draws attention to the importance that the legislator of the period under review attached to the fight against official arbitrariness on the ground. In the course of the study, the author comes to the conclusion that the expansion of the types of measures of legal responsibility for corruption offenses, the appointment of heavy corporal punishment for committing such acts did not lead to the eradication of corruption in the considered historical period.

scholarly journals The Expansion Mechanism of Rural Residential Land and Implications for Sustainable Regional Development: Evidence from the Baota District in China’s Loess Plateau

Land ◽  
2021 ◽  
Vol 10 (2) ◽  
pp. 172
Author(s):  
Zongfeng Chen ◽  
Xueqi Liu ◽  
Zhi Lu ◽  
Yurui Li
Keyword(s):  
Social Relations ◽  
Driving Forces ◽  
Binary Logistic Regression ◽  
Residential Land ◽  
Protection Measures ◽  
Ecological Protection ◽  
Urban Rural ◽  
Sustainable Regional Development ◽  
Agricultural Areas ◽  
Rural Residential Land

Rural residential land is the main space of a farmer’s life, rural culture, and social relations. Prior research of rural residential land has focused more on its evolvement in plain and traditional agricultural areas. Yet, there is no clear picture of rural residential land expansion, especially in ecologically fragile areas. This study analyzed the characteristics of rural residential land expansion based on 30 m spatial resolution land-use datasets of the Baota District of Yan’an City, Shannxi Province, and further explored the influencing factors and mechanisms of rural residential land expansion through binary logistic regression (BLR) modeling. Our findings indicated that the area of rural residential land in the Baota District increased by 116.16% during 1990–2015. More than 75% of the residential land expansion came from the occupation of cropland. Moreover, rural residential land expansion was heterogeneous in the rural regional system. The expansion scale, speed, and mode diversity of rural residential land decreased with the increased distance to urban built-up areas. Geographical conditions and resource endowments are the primary internal driving factors; urbanization and policy implementation are two major external driving forces. The authors suggest that the realization of regional sustainable development in ecologically fragile areas should strengthen urban–rural integration, focus on constructing central towns, and ensure ecological protection measures.

FAMILY LAW LIABILITY AS AN INDEPENDENT TYPE OF LEGAL LIABILITY

2021 ◽  
Author(s):  
Амала Алиевна Умарова
Keyword(s):  
Family Law ◽  
Legal Liability ◽  
Protection Measures

В статье поднимается вопрос о самостоятельности семейно-правовой ответственности. Анализируются позиции ученых по данному вопросу, соотношение понятий мер защиты и мер ответственности, выводится понятие семейно-правовой ответственности. The article discusses the issue of the independence of family law liability. It analyzes the position of scientists on this issue, the ratio of the concepts of protection measures and measures of responsibility. The concept of family law liability is framed.

GROUNDS FOR THE ESTABLISHMENT OF INTERNATIONAL LEGAL LIABILITY

2021 ◽  
Author(s):  
Шадид Шахидович Муцалов
Keyword(s):  
International Law ◽  
Legal Liability ◽  
Legal Responsibility

В данной статье проанализировано понятие международно -правовой ответственности государств, в частности санкций за нарушение норм международного права. This article analyzes the concept of international legal responsibility of States, in particular the sanctions for violation of norms of international law.

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