ОСОБЕННОСТИ ВЗАИМОСВЯЗЕЙ, ВЗАИМОДЕЙСТВИЯ И ПРОТИВОРЕЧИЙ ЮРИДИЧЕСКОЙ ОТВЕТСТВЕННОСТИ В НЕКОТОРЫХ СТРАНАХ, ОТНОСЯЩИХСЯ К АНГЛОСАКСОНСКОЙ ПРАВОВОЙ СЕМЬЕ

Abstract

The paper considers one of the understudied and controversial problems in the theory of law and branch legal sciences – the structural and substantive features of interrelations, interactions, and contradictions of legal liability in some countries related to the Anglo-Saxon law family (system). The purpose of this work is to provide general theoretical characteristics of specific properties of legal liability through the prism of internal and external signs of the Anglo-Saxon law system, based on regulatory sources, scientific works, materials of judicial practice, statistical, informational, and other empirical data. The author determines the objects, landmarks, and content of comparative law research of legal liability and proposes an author’s technique of primary immersion into the range of problems. The study identifies general and particular features of the legal liability system and its elements within the family of common law with an emphasis on the legislation and practice of Great Britain and the United States of America. The author analyzes the participation of official bodies (officials) in the creation, implementation, and interpretation of various measures of legal liability. The paper presents the legal positions of the European Court of Human Rights. The study considers and differentiates the substantive and procedural-legal, as well as public and private aspects of assigning liability in the countries of the law family under consideration. The author formulates the reasons underlying the interrelations, interactions, and contradictions of the legal liability systems in the respective states. The study reveals the tendency to the interpenetration of the Anglo-Saxon and Romano-Germanic law families affecting the qualitative indicators (grounds) of legal liability as a normative formation and protective means of law regulation. The author recommends studying the issue of using in the Russian Federation the positive experience of establishing and implementing liability in the countries of the Anglo-Saxon law system.