Institution Of Legal Responsibility Research Articles

Institute of legal responsibility in environmental law of Ukraine: current theoretical and legal problems

Institute of legal responsibility in environmental law of Ukraine: current theoretical and legal problems

The role of legal responsibility in the implementation of the principle of the unity of public authority in Russia

The subject. The article presents a comprehensive general theoretical analysis of the institution of legal responsibility and its role, taking into account the consolidation of the new constitutional and legal principle of the unity of the system of public power.The purpose of the research is to confirm or disprove hypothesis that it is necessary to legislate a full-fledged mechanism of legal responsibility of state bodies and local self-government bodies in order to implement the constitutional principle of the unity of public power.Methodology. The formal legal method, the method of comparative legal analysis, dialectical method and systemic approach were used.The main results, scope of application. The authors found the manifestation of dualism in the work of the institution of legal responsibility. It consists in the ability to bear responsibility both to the state, in connection with various offenses, and to the population itself. A brief description of the loss of trust as a basis for the responsibility of officials is given, taking into account contemporary legislation. Directions for the further development of this legal institution are highlighted. The article examines the opinion of the Russian Constitutional Court on the legitimacy of using the loss of trust as a basis for the responsibility of public authorities. The article examines the normative legal acts, which fix the mechanism for the implementation of the principle of maintaining trust in the activities of the authorities on the part of society. For example, in relation to state civil and municipal employees, a prohibition has been established on statements about the activities of authorities and their assessment, if such actions are not included in the list of their official duties. Such a mechanism for maintaining public confidence in the work of government bodies should contribute to strengthening the unity of the public power system. At the same time we can talk about the existing trend towards a decrease in the level of public confidence in the work of authorized bodies exercising public authority. The corruption and bureaucratization of the activities of officials, the expansion of the powers of law enforcement agencies, a decrease in the independence of the political opposition are pointed to among the possible reasons most often. In this regard, the paper proposes expanding the grounds for responsibility when implementing the procedure for recalling an official.Conclusions. It is necessary to consolidate a full-fledged legislative mechanism of legal responsibility of state bodies and local self-government bodies, which will contribute to the implementation and strengthening of the new principle of the unity of public authority.

The concept and structure of the institute of legal responsibility

The concept and structure of the institute of legal responsibility

конституційно-правовА відповідальність як гарантія локальної демократії в Україні

The article is devoted to the study of constitutional and legal liability as a type of legal liability. The author of the article substantiates that constitutional and legal responsibility is a guarantee of local democracy and local self-government in Ukraine. The essential characteristics of constitutional legal responsibility are analyzed. The legal nature of constitutional and legal responsibility is revealed through the analysis of approaches to the definition of general and special features of constitutional and legal responsibility. The article presents an analysis of the theoretical and practical aspects of a constitutional tort, which is the basis for the onset of constitutional and legal liability. Scientific approaches to the definition of the concept of “constitutional delict” are disclosed. The interrelations of the constitutional delict and the constitutionally-legal responsibility are investigated. The author of the article states that constitutional and legal responsibility is an effective mechanism for ensuring the implementation of the sovereignty of the Ukrainian people. The role of constitutional and legal responsibility at the present stage of development of Ukrainian statehood is determined. It is determined that the main purpose of constitutional and legal responsibility is the protection of the Constitution of Ukraine, ensuring the stability of the constitutional order. The author draws attention to the predominant political nature of constitutional legal responsibility. The basic constitutional and legal norms of Ukrainian legislation are given and analyzed, which determine the constitutional foundations of local self-government; analyzed the latest legislative changes to introduce into the relevant legislation the definition of the concepts of “administrative center of a territorial society”, “territory of a territorial society”. The author proved the relevance of the topic of constitutional and legal responsibility in local self-government for further scientific research. Some especially problematic and debatable questions about the circle of subjects of constitutional and legal responsibility in local self-government, its grounds and peculiarities of sanctions are investigated. The article pays special attention to administrative-territorial units, in particular, settlements (village, settlement, city). The author’s position is given that the city is the subject-bearer of constitutional and legal responsibility, however, the legal responsibility of the city does not manifest itself directly, but indirectly in the form of the constitutional and legal responsibility of the city government. The author’s opinion is substantiated that through the institution of legal responsibility, the state ensures the effectiveness of the rule of law and guarantees the legal order in Ukraine. The author notes that constitutional and legal responsibility is an effective factor in improving the mechanism for exercising state power and local selfgovernment. It is concluded that responsible local government ensures the possibility and reality of local democracy.

Civil Liability for Violation of Industrial Property Rights

The paper deals with conceptual issues of legal liability, in particular civil liability, in the field of industrial property. It is noted that the institution of legal responsibility is subject to new theoretical and legal comprehension due to its interdisciplinarity and intersectoral nature. The author argues that the origins of the problem of legal responsibility for violation of rights to intellectual property, including industrial property, come from social and legal responsibility, provided we rely on the positive component of legal responsibility. The author examines the types of civil liability for violation of rights to industrial property objects and determines topical problems of protection of industrial property rights. The paper focuses on the issue of legal responsibility in the field of intellectual property created by artificial intelligence. Intellectual property rights are subject to protection both according to the standard procedure and special rules. In judicial practice, the compensatory nature of civil liability is applied to the infringement of intellectual rights, as evidenced by the proceedings of the court case in the framework of the arbitration process concerning the refusal to compensate for losses in the form of lost profits. The law does not provide for the list of admissible evidence (legal test), on the basis of which the fact of violation of intellectual property rights is established.

Legal Classification of Defects in Medical Care

The paper studies the legal nature of defects in medical care and defines criteria for their legal classification. A retrospective analysis of the development of the institution of legal responsibility for improper medical treatment is carried out. The concept of a defect in medical care and related categories, their natural ontological characteristics and classifying legal features are investigated, doctrinal approaches to the legal assessment of defects in medical care are considered. It is noted that, despite the noticeable evolution that the question of the responsibility of doctors has undergone in the history of law, there is still no single approach to understanding the legal nature of defects in medical care in jurisprudence. In modern Russian legislation, as in the criminal laws of most foreign countries, there are no special standards for such defects classification. At the same time, in the interests of optimal legal regulation of relations in the field of medicine, today it is the legal definition and systematization of basic concepts and criteria for the legal classification of various medical incidents that matters and not the introduction into the law of special articles establishing criminal liability for improper provision of medical care. Thus, by combining all adverse events in medical practice under the general term "medical incidents", one can use the concept of "medical care defect" to distinguish incidents caused by inappropriate provision of medical services. The author proposes his own classification of defects in medical care dividing them into medical torts (offenses) and medical incidents (accidents and medical errors) based on the nature of the attitude of the subject of medical activity to their professional duties. A conceptual approach to the legal classification of medical care defects has been formulated.

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The article considers the problem of general awareness of the legally significant properties of military offences (crimes, misdemeanours), their relationship with other types of offences, which is actually an urgent task, especially for the science of military law and the integration of legal science � general theory of law. Based on the analysis of terminological and conceptual aspects of military offences (crimes, misdemeanours), their own typology, legal features and features of the composition, the author of the article proposes their generalized definition as �military torts�. The study of the essence and content of military tort as a phenomenon of modern legal science, as well as ways to prevent, detect and stop it, is a special, special law enforcement tool within the leading institute of military law. Further study of the phenomenon of military tort provides an opportunity to form an independent complex scientific field - military tort. It is proved that the causes and conditions of offences in the Armed Forces of Ukraine involve a complex set of factors, processes and phenomena. At the same time, they are characterized by a number of features due to the specifics of military service and the activities of troops (forces). For example, the activities of personnel, internal order, military life and other military-public relations, which are regulated as much as possible by the rules of military statutes. In addition to military statutes, military-public relations are regulated by other rules of law, for example, the scope of criminal law is much broader � servicemen are responsible for committing both general crimes and military criminal offences. Considering the subject of research, which is a �military tor� as a phenomenon of modern legal science, it should be noted that in the theory of law and in the practice of personnel in the direction of legal support of military formation used phrases such as �military administrative offences�, �criminal offences�. Against the established order of military service (military criminal offences)�, �war crimes�, �military and disciplinary offences in the military sphere�, �criminal order or instruction �, etc. Therefore, there is a problem in determining the meaning of terms, and there are several reasons for this. The first, classic - the definition of the term allows you to outline the subject of research and discussion, the range of related problems. Another is the problem of the spread of offences in the military sphere, i.e. ensuring the national security and defense of Ukraine, due to its specificity is global (phenomenal) and therefore can be most effectively solved only if joint efforts are made at both international and national levels. Ensuring their effective interaction directly depends on a consistent understanding and interpretation of terminology in the direction of the study of lawful behaviour or the causes and conditions of deviant �tort� behaviour of service members. Thus, we see that the epistemological processes of formation of military torts as a phenomenon of scientific and legal category is characterized by a certain inconsistency, ambiguity and fragmentation, generated by situational aspects of necessity. However, we can determine that a military tort is a set of illegal (anti-social) acts (crimes or misdemeanours) provided by the current criminal legislation of capable subjects of military-public relations, encroaching on the foundations of national security, organization of the Armed Forces of Ukraine and public order. Understanding and understanding of the acquired knowledge should be the basis for improving the institution of legal responsibility of servicemen in the military sphere as a fundamental means of protection, mechanism, guarantor, designed to ensure regulatory, protective and protective function of military law, without which the existence and development of modern Ukrainian army is impossible.

АSPECTS OF THE SUBJECT COMPOSITION OF THE INSTITUTE OF CORPORATE RESPONSIBILITY IN A JOINT-STOCK COMPANY

For a proper understanding of the institution of legal responsibility in corporate relations, it is necessary to clearly define the range of subjects of corporate relations, which, in turn, is determined by the types of corporate relations in which these entities participate. It is the nature of corporate relations that determines the peculiarities of the responsibility of management bodies and persons who manage a joint-stock company. Corporate relations in a joint-stock company arise in connection with the creation, operation and termination of a joint-stock company as a legal entity, an independent legal entity endowed with separate property, which has its own internal organizational structure and acts in economic turnover on its own behalf obligations to creditors. The emergence of a joint stock company as a legal entity, with its members, founders, property owner, members of management bodies, creditors, as well as other stakeholders (stakeholders), causes a particularly complex structure of corporate relations, which can be distinguished not only internal management relations legal entity, but also external relations that ensure the participation of legal entities in economic turnover, as well as organizational and property relations between members of business associations, groups, associated and related companies. Corporate responsibility is one of the most important factors that ensure the stability of corporate relations. This determines the scientific interest in corporate responsibility throughout the history of corporate law, due to the development of organizational and legal forms of economic activity based on corporate relations. A systematic analysis of the current legislation allows to determine the range of subjects of corporate responsibility.

Ограничительная функция юридической ответственности и пределы ее действия сквозь призму принципа соразмерности

We draw attention to the problem of excessive restriction risk of human and civil rights and freedoms in the process of establishing and applying the institution of legal responsibility by the state. We consider general theoretical issues of the concept and functions of legal responsibility. We substantiate the position on the need to separate the restrictive function from legal liability. As an intersectoral institution of Russian legislation, legal re-sponsibility is characterized by the performance of the following functions: restrictive, preventive, guaranteeing, restorative and educational. We draw attention to the issues of legal liability proportionality in relation to its restric-tive function. We disclose the content of proportionality principle in relation to legal responsibility as an intersectoral institution of legislation. We imagine that the remedy actively used in the legal policy of the state in the form of legal punishment and legal responsibility in general should correspond to the maximum extent to proportionality principle in order to prevent arbitrary and excessive restriction of rights and freedoms. Various kinds of deviations, deviations from the principle of proportionality of legal responsibility are supposed to be interpreted in theory as one of the most important prerequisites for the formation of dysfunction and imbalance of the institution in question. Violation of proportionality principle of responsibility in law is proposed to be interpreted as its dysfunction.

Classification of the basic kinds of legal responsibility in electoral process

The subject. The legal institution of legal responsibility in electoral process in general as well
 as its basic subtypes: constitutional, criminal and administrative responsibility.
 The purpose of the article is to identify the main kinds of legal responsibility in the electoral
 process.
 Methodology. The author uses such general theoretical and specific scientific methods as
 comparative analysis, generalization, interpretation and classification as well as systemic
 analysis and formal logical methods.
 The main results of the research. The author takes into account the opinions of academic
 lawyers and analyzes the legal institution of legal responsibility in electoral process in general. The author considers and examines the classification of constitutional, criminal and
 administrative responsibility in the electoral process, reveals and analyzes the essence of
 such fundamental concepts as legal responsibility, kinds of legal responsibility, electoral
 rights of citizens. The article describes the special and distinguishing characteristics of different kinds of legal responsibility. The author also gives reasons for the necessity of a special set of state coercive measures in order to make the electoral process transparent. As
 far as the Russian Federation law “On elections and referenda” does not contain any specific
 measures of legal responsibility and has references to other laws, the author sees it important to fill this gap for future codification of electoral legislation. Constitutional legal
 responsibility is peculiar in electoral process. It means that responsibility is realized in procedural form, which is enshrined not only in Federal laws, but in subordinate laws, such as
 instructions of the Central Election Commission of the Russian Federation.
 Conclusions. Legal liability in the electoral process has the following characteristics: it is expressed in the obligation to undergo measures of state enforcement; its basis is the violation of material and procedural norms of the electoral law; it is associated with various kinds
 of unavoidable negative consequences; the guilty person will be subjected to restriction of
 personal and other property rights; the offender is charged with the obligation to restore
 the violated right or compensation for damage.

LEGAL RESPONSIBILITY OF A MEMBER OF PARLIAMENT AS A COMMITMENT OF STATE RESPONSIBILITY TO THE PEOPLE AND HUMAN

The article explores the concepts and fundamental characteristics of legal responsibility of People's Deputies. According to the author, consideration of the institution of legal responsibility of parliamentarians is relevant and promising as a type of social responsibility in theoretical and practical terms. The urgency of the problem is due to the trends of legal responsibility differentiation and institutionalization going that far, in particular in foreign countries, that have led some experts to justify the concept of autonomous parliamentary responsibility as a separate phenomenon among types of legal responsibility in general. Attention is drawn to the fact that an integral part of the process identifying the institution of legal responsibility is the improvement of legislation on the legal status of a People’s Deputy, which component is justifiably considered legal responsibility of a parliamentarian as a political figure authorized to execute state legislative functions. It is proved that parliamentary responsibility is a specification of the state responsibility principle which is significant in the state of law as a legal entity towards the people as a legal entity and citizens. The article also analyzes the peculiarities of the introduction of legal responsibility of a parliamentarian into legislation and state and legal practice resulting in the gradual separation of constitutional and legal responsibilities of a parliamentarian and parliament. The author joins the new already established approaches in legal science, under which all the multifunctionality of the phenomenon of legal responsibility of a parliamentarian is not limited to the issue in institutional and normative dimensions, but also in socio-cultural and value-anthropological aspects, which is absolutely justified by contemporary understanding any functional or dysfunctional legal phenomenon having not only a purely institutional but also a value dimension. It is argued that legal relations of the people and human with the state should be built on the basis of mutual responsibility under terms of a democratic law and social state in general, since a state turns a real subject of responsibility towards society under democratic conditions provided normatively (constitutionally and legally) and institutionally (through the establishment of specific government bodies and officials responsible for a certain element of the system of state functions including Members of Parliament).

ГЕНЕТИЧЕСКИЕ, КООРДИНАЦИОННЫЕ И СУБОРДИНАЦИОННЫЕ СВЯЗИ ЮРИДИЧЕСКОЙ ОТВЕТСТВЕННОСТИ ГОСУДАРСТВА

The article is devoted to the study of the characteristics of the genetic, coordination and subordination relations of the legal responsibility of the state with various elements of the legal system, as well as legal practice. The analysis of the current legislation and existing scientific approaches allowed the authors to conclude that there is a significant potential for studying the links between the institute of legal responsibility of the state and the need to take them into account in law-making and law enforcement. 
 The article was supported by the Russian Foundation for Basic Research (RFBR), project No. 19-011-00083 A «Legal Responsibility in the Mechanism of Ensuring National Security».

К вопросу об институте семейно-правовой ответственности в системе юридической ответственности

The article is devoted to the analysis of an objective possibility of recognition of institute of family and legal responsibility as independent institute in system of legal responsibility. The emphasis is placed on regulations of the current legislation, provisions of regulations of various industries of the right then motivated conclusions are made are compared. Family and legal responsibility as an independent legal design acts as an object of research. In the course of the research prevailing uses a comparison method, and also the analysis, synthesis, deduction and induction. Having weighed all arguments, the author comes to own conclusion about a possibility of reckoning of institute of family and legal responsibility to an independent type of legal responsibility which has, besides, cross-industry nature. 
 Article is executed with assistance of RGNF, the project No. 16-33-00017 "Complex, cross-industry institute of legal responsibility: a concept, structure, interrelations and the place in system of the right".

К вопросу о структуре института юридической ответственности государства

The article analyzes the structure of the legal responsibility institute of the state. The article reveals the peculiarities of legal regulation of constitutional, civil and international legal responsibility of the state.
 The features of the subinstitute of constitutional responsibility of the State, which aims to ensure the inviolability of the principles of democracy and supremacy of the Constitution, as well as to protect the rights and freedoms of man and citizen are being shown. The author analyzed foreign experience of legal regulation of the legal responsibility of the state. The history of the formation and functioning of the procedure for impeachment of the Institute in the following countries: United States, United Kingdom, Denmark, Norway and the Federal Republic of Germany are expounded.
 Also considered are the basics of civil responsibility of the state. According to para. 2, Art. 8 of the Constitution of the Russian Federation in the Russian Federation it is recognized and protected equally private, state, municipal and other forms of property. Equal protection of all forms of property means, in particular, establishing the inadmissibility of any exception regarding the property responsibility for individual subjects, including the state. On this basis, we analyzed the concept of functional and absolute immunity of foreign states. The main provisions of both international law and the Federal Law of 11.03.2015, № 297-FZ "On the jurisdictional immunities of foreign States and property of a foreign state in the Russian Federation." are reviewed.
 The features of subinstitute of international legal responsibility of the state are investigated. It is generally known that one of the fundamental principles of contemporary international law is sovereignty. However, this principle does not indicate a lack of interaction and interdependence of the state, since no state can exist and develop in isolation from the world community.
 The article was supported by the Russian Foundation for Humanities, the project № 16-33-00017 «A comprehensive, interdisciplinary institute of legal responsibility: the concept, structure, relationships and place in the legal system".

ФУНДАМЕНТАЛЬНЕ ПРАВО ЛЮДИНИ НА СПРАВЕДЛИВИЙ СУД ЯК ОБ’ЄКТ ЗАХИСТУ ІНСТИТУТУ ЮРИДИЧНОЇ ВІДПОВІДАЛЬНОСТІ СУДДІ

The scientific article reveals the key aspects of ensuring the fundamental human right to a fair trial as an object of protection of the institution of legal responsibility of a judge. It has been established that the basic principles of ensuring the human right to a fair trial are governed by the norms and provisions of such documents as: the Criminal Code of Ukraine, the Civil Procedure Code of Ukraine, the Code of Ukraine on Administrative Offenses, the Code of Labor Laws of Ukraine, the Law of Ukraine «On the Judicial System and the Status of Judges», Resolution of the Supreme Administrative Court of Ukraine of 15.09.2011 No. П/9991/335/11. It was found that the object of a disciplinary offense of a judge is a set of rights and duties of a judge to the legal and fair administration of justice and the fulfillment of other duties assigned to him by the judicial and procedural legislation. It was determined that today the judicial authorities in Ukraine have adopted and put into effect the Internal Labor Regulations of Courts. The functions of a judge's legal responsibility were considered and it was found that they are implemented at the general social level (they consist in achieving control over the judge's behavior in accordance with special legal norms), at the general legal level (they consist in the restoration of rights that were violated, and compensation for expenses incurred to restore rights, as a result of the commission of illegal actions by the judge; prevention of the commission of offenses by the judge; punishment of the judge and the imposition of restrictions on his rights on legal grounds as a result of the imposition of additional legal obligations on him), the level of aggregate (general) functions of legal responsibility (consists in the fact that legal responsibility judges acts as the basis of social development and is determined under the influence of the development of legal norms) and the level of special functions of bringing a judge to legal responsibility (consists in exercising influence on the regulation of legal relations between a judge and society). It has been proven that the key functions of a judge's legal responsibility are the punitive function, protective function, preventive function and the function of ensuring the activity of the judge and his behavior in accordance with special professional standards. It is proposed to conduct a comprehensive study of the problems of ensuring human rights to a fair trial, based on the peculiarities of bringing a judge to legal responsibility for unfair, illegal and unjust in violation of the standards and requirements for fulfilling official duties, with the prospects for further research.

Юридическая отвественность в сфере трудовых отношений как межотраслевой институт права

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."

Комплексность структуры института банковской ответственности

The article is devoted to research of institute of bank responsibility as complex structure which enters both in public, and private law. Bank responsibility as an independent legal design acts as an object of research. Both ad banking laws, and the codified legal acts which also contain regulations on responsibility of credit institutions (banks) are in detail analyzed. Legal comparison of content of standards of ad banking laws and norms on responsibility of credit institutions in the codified legal acts on features of subject and object accessory is carried out, the special attention is paid to bank responsibility in its private-law aspect where not only the legal, but also natural person can be the subject. Examples of standards of the civil legislation which are also related to bank responsibility are given. From the conducted research it is possible to conclude that uniqueness of institute of bank responsibility is that it is on crossing of private and public law. Bank responsibility only partially (public part) is included into institute of financial and legal responsibility while private-law responsibility is regulated also by standards of the civil, administrative and criminal legislation. Article is executed with assistance of RGNF, the project No. 16-33-00017 "Complex interindustry institute of legal responsibility: concept, structure, interrelations and the place in system of the right".