Lipinsky D.A. —
Social Bases of Positive Responsibility
// SENTENTIA. European Journal of Humanities and Social Sciences. – 2015. – ¹ 3.
– P. 41 - 69.
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Review: The purpose of this work is to explore the social basis of positive legal responsibility and prove its legal nature and practical importance, as well as its connection with the rule-of-law state concept and civil society. To achieve this purpose the following methods were applied: dialectical, formal legal, sociological, and comparative legal studies. The application of a dialectical method enables to study the phenomenon comprehensively in its interconnection with practice and its development in social relations. The use of these methods has been tested by science and practice, which testifies to the efficiency of their application to legal research. The paper provides the author's definition of social and legal responsibility, offers the data of a survey on the question of positive legal responsibility and its regulatory impact. The author establishes the unified character of legal responsibility that includes a positive (voluntary) and negative (state-forced) forms of implementation. The study revealed that statutory (single) responsibility is an objectively determined, introduced by law and protected by the state duty (necessity) of legal relations participants to comply with statutory regulations, and, in case of violations, the obligation of the offender to suffer condemnation, restriction of property or personal non-property rights. Single responsibility is target objectively enshrined in the law, a reference point for proper behavior of legal subjects, and the criterion of its evaluation as responsible or irresponsible. This allows the subject that has not committed a legally significant act to know in advance about his or her responsibility, and allows the subject to focus on implementation of general legislative rules. If the subject complies by them, it means he or she acts legally responsibly, otherwise he or she acts irresponsibly. The consequences occur in compliance with the actions, which is consistent with the general principles of justice. The exclusion of responsibility that involves various forms of realization would mean the disappearance of the orienting goal, the criterion for evaluation of legally significant behavior as responsible or irresponsible. Responsibility as an integral legal phenomenon is in a static state: It is the basis, the reason, and the condition for appearance of the voluntary form of responsibility realization, as well as the criterion to define it as such. Without this condition, the appearance of the subsequent positive responsibility, which is a responsibility in a dynamic state, is not possible.
Keywords: social responsibility, positive responsibility, forms of implementation of responsibility, legal liability, legal regulations, responsibility, law, kriminal, criminal liability, legal responsibility
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