Ivanenko O. Essence of legal liability and role of law-enforcement body in ensuring it

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0407U003765

Applicant for

Specialization

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

27-09-2007

Specialized Academic Board

Д 26.007.04

National Academy of Internal Affairs

Essay

The thesis is devoted to a complex study of the legal responsibility as a social phenomenon, a legal category and a legal institution. The concepts, grounds, kinds of legal responsibility are revealed, the analysis of theoretical problems of voluntary and state compulsory forms of realization of legal responsibility is made. The social nature of the category "responsibility" and the process of its development are investigated. The place and the role of a legal responsibility in ensuring the law order are specified. The conclusion is substantiated that the content of a legal responsibility is determined with taking into account the positive and negative aspects thereof, which fully clarifies the social purpose of this institution. As a result of this, the expediency of existence of two forms of realization of the legal responsibility (voluntary and compulsory) is revealed, and the direct role in the mechanism of realization thereof is played by the activity of the law-enforcement bodies, which can takeplace owing to the corresponding methods within and beyond the limits of enforcement of law. The conclusions concerning nature, mechanism and kinds of legal responsibility were made.

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