Basyn K. Legal responsibility: nature, forms of its realization and human rights

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0406U004697

Applicant for

Specialization

  • 12.00.01 - Теорія та історія держави і права; історія політичних і правових вчень

24-11-2006

Specialized Academic Board

Д26.236.03

Essay

The thesis is devoted to the research into the nature of legal responsibility, forms of its realization and its place in the system of guarantees of human rights and liberties. Legal responsibility is considered in terms of social responsibility. Separate forms of legal responsibility, their difference and similarity are shown. Special attention is given to the concepts "positive" and "negative" legal responsibility. The problem of finding ground for legal responsibility is examined. Organizational and procedural aspects of human rights achievement as related to legal responsibility are emphasized. It is shown that legal responsibility is not only protective but also regulatory by nature. In case of violation of law regulations it acquires protective nature. Legal responsibility occurs in society united and interrelated with other forms of social responsibility. Actions of government pressure as compared to actions of legal responsibility are studied; it is shown that voluntary (positive) form of legalresponsibility is a category having its own content; it is stated that legal responsibility belongs to special guarantees of human rights; realization of legal responsibility in the field of safeguard relations is considered; requirements of safeguard and protection of subjective rights are differentiated.

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