Types Of Legal Responsibility Research Articles

Disciplinary responsibility of prosecutors of Ukraine: grounds, procedure and features of disciplinary proceedings

The paper is devoted to issues related to bringing prosecutors to disciplinary responsibility in Ukraine. Disciplinary responsibility is a type of legal responsibility that, compared to others, is the most common and often applied to prosecutors. It is worth noting that the existence and consolidation of the disciplinary responsibility of prosecutors at the legislative level does not contradict European standards and is justified, since this type of responsibility acts not only as a guarantor of the prosecutors' performance of their duties, ensuring the rights of citizens, society and the state, but also contributes to the prevention of offenses with by the prosecutors themselves. From a doctrinal point of view, the disciplinary responsibility of prosecutors is considered as a special, independent type of legal responsibility, which is applied in a specific sphere of human life and is related to the professional activity of special subjects - prosecutors. Disciplinary responsibility of prosecutors as a type of legal responsibility consists in the infliction by the violator of prosecutorial discipline of adverse moral, material and organizational deprivations for him and is one of the means of ensuring compliance of the activity and behavior of prosecutors with professional standards. It cannot be claimed that today the practice of bringing prosecutors to disciplinary responsibility is clearly developed and unambiguous. Both the theory and the practice of holding prosecutors to account require serious consideration and the introduction of new approaches in order to increase their effectiveness. In general, the disciplinary responsibility of prosecutors is aimed at forming a responsible professional approach and stopping offenses in the legal sphere, in particular the corruption component.

Конституционно-правовая ответственность Правительства Российской Федерации: развитие и современное состояние

the Abkhazia University Constitutional and legal responsibility is a relatively new type of legal responsibility. However, the institution of responsibility in general and the institution of constitutional and legal responsibility of the government in particular originated a long time ago. This work is aimed at studying government responsibility in Russia and aims at a brief overview of the historical development of this institution.

Administrative responsibility for violation of customs rules during the movement of goods by natural persons across the customs border of Ukraine: reasons and signs

The article is devoted to the disclosure of the features of administrative responsibility in the movement of goods by natural persons across the customs border of Ukraine, its grounds and features. Attention is focused on the categories: «offence», «customs offence», «natural person», «resident», «non-resident», «customs rules», «administrative responsibility», «violation of customs rules», «administrative responsibility for violation of customs rules». It was found that the violation of customs rules during the movement of goods by individuals across the customs border of Ukraine belongs to the category of administrative offenses and is a type of legal responsibility. It is suggested that the violation of customs rules in the case of movement of goods by individuals across the customs border of Ukraine should be understood as intentional or negligent action or inaction of an individual who interferes with the established procedure for movement of goods by them across the customs border of Ukraine, implementation of customs clearance procedures and customs control of such goods, or ( or) exemption or settlement of customs payments. It has been proven that the elements of violation of customs rules when moving goods by individuals across the customs border of Ukraine must include: a) object; b) the objective side; c) subject; d) the subjective side.
 The grounds for administrative liability for violation of customs rules during the movement of goods by natural persons across the customs border of Ukraine have been disclosed. A proper definition of administrative responsibility for violation of customs rules during the movement of goods by individuals across the customs border of Ukraine is proposed as a specific form of negative response of the state in the form of its authorized bodies (customs and judicial) to violations of customs rules during the movement of goods by individuals across the customs border, according to which physical persons who have committed such violations are subject to onerous consequences of a material or other nature for their illegal actions and provides for administrative fines for this in the order and form determined by the Customs Code of Ukraine. The signs of administrative responsibility for violation of customs rules during the movement of goods by individuals across the customs border of Ukraine have been clarified.

On the Concept of Procedural Responsibility: General Theoretical Analysis

This article examines the concept of procedural responsibility. The position is defended according to which procedural responsibility is interpreted not as a type of legal responsibility, but as a complex legal institution consisting of the norms of both substantive and procedural law. In turn, procedural responsibility is divided into a number of sub-institutions, including criminal procedural responsibility, which is analyzed in more or less detail.

Problems of legal guarantees of workers’ rights in the field of working time, rest time and wages in the conditions of martial law

The problems of legal guarantees of the rights of workers in the field of working time, rest time and wages in the conditions of martial law have been studied. The definition of the terms “legal guarantees of employee rights” and “employee” has been improved. Legal guarantees of employee rights are legal norms that ensure the realization and protection of the rights of an individual working on the basis of an employment contract, as well as the activities of authorized bodies and organizations for the implementation of these norms. An employee is a natural person who works on the basis of an employment contract.
 It has been proved that the main features of legal guarantees in labor law should be considered the types of legal responsibility, methods and subjects of protection of workers’ rights specific only to labor law. This is, firstly, the application of disciplinary and material responsibility to persons who have violated the rights of employees, secondly, the announcement and conduct of a strike by employees to protect their rights in the resolution of a collective labor dispute, thirdly, the protection of the rights of employees by specific defenders – trade unions. It has been noted that the Law of Ukraine “On the Organization of Labor Relations in the Conditions of Martial Law” significantly reduced the legal guarantees of the rights of employees in the field of working time, rest time, and wages provided for by the Code of Labor Laws of Ukraine and other acts of national legislation. This state of affairs has been underway for more than a year and continues with no prospects of cancellation in the near future, while most enterprises, institutions and organisations in Ukraine operate as usual, and we consider it necessary to leave the relevant restrictions on the legal guarantees established by the Law of Ukraine “On Peculiarities of Regulation of Labour Relations under Martial Law” only for those who work in critical infrastructure facilities (in the defence sector, public utilities, etc.).

Some issues of legal liability for violations of environmental protection legislation

The classification of the environmental protection legislation of Ukraine has been carried out. For this purpose, Ukrainian legal acts were analyzed and systematized according to various criteria. The scientific literature, devoted to the issue of legal responsibility for violation of the norms of laws, in which the right to nature protection is enshrined, was studied. It has been proven, that in the conditions of globalization, environmental regulations must take into account international standards in the field of environmental protection, in particular, the achievements of the World Trade Organization and the European Union. The content of certain legal documents of international communities in this area has been clarified.
 The types of legal responsibility are outlined. Some of them were considered in relation to the legal consequences for violating environmental legislation. In particular, material and disciplinary responsibility is characterized as having an indirect effect on environmental protection through employees of the state environmental inspection. This approach is due to the fact that the effectiveness of environmental legislation largely depends on the quality of work of the relevant employees.
 At the same time, the issue of bringing offenders to economic and legal and other types of legal responsibility is considered.
 It has been established, that mitigating the consequences of military actions on the territory of Ukraine requires the improvement of the institution of legal responsibility for violations of environmental regulations. Therefore, the main codified acts that regulate it, such as the Code of Labor Laws of Ukraine, the Code of Ukraine on Administrative Offenses, the Economic Code of Ukraine and the Criminal Code of Ukraine, were analyzed. Separate changes to regulatory legal acts are proposed.
 In general, this research is based on the statement about the possibility of improving the state of nature by applying measures of responsibility to violators of environmental norms. This will make it possible to mitigate the consequences of military operations on the territory of Ukraine

Characteristics of liability for disclosure of bank secrecy in Europe and the United States

This paper looks into peculiarities of the legislative approaches to the liability for disclosure of bank secrecy in Europe and United States. The scope of the article is to elaborate general characteristics of liability for disclosure of banking secrecy, revealing types and subjects of legal liability for the disclosure of banking secrecy. To achieve the aim of the article, general and specific research methods were used, in particular, dialectical, formal-logical, dogmatic and comparative-legal. The main research method is comparative-legal. It helped to study the world experience of regulatory ensuring of banking secrecy as well as to reveal specifics of banking legislation, aimed at protection of banking secrecy. The conclusion is made, that in most developed countries, banking secrecy is considered a special kind of trade secret and enshrined in various regulations, which are mostly universal in nature. The legislation of developed countries provides for the prosecution of those responsible for the disclosure of banking secrecy to criminal, civil, administrative, disciplinary and other types of legal responsibility.

Bringing to Academic Responsibility for Violation of Academic Integrity: Theoretical and Applied Problems of Regulation

Problem setting. The article highlights problematic issues related to academic responsibility for violations of academic integrity of participants in the educational process. Attention is drawn to the fact that a significant shortcoming of the Laws of Ukraine «On Education» and «On Higher Education» is the absence of such definitions as «academic responsibility», «types of academic responsibility», «academic misconduct», which significantly complicates the bringing to academic responsibility of pedagogical , scientific-pedagogical and scientific workers of educational institutions and students of education in practice. Analysis of recent researches and publications. A. Artyukhova, V. Zinchenko, Y. Kalinovsky, M. Ozhevan, O. Tytska, O. Chumak and others scientists have addressed the issue of academic integrity in their works. The scientific conclusions and approaches to the vision of these scholars are an important basis for our study. Target of the research is to study and comprehend the problematic issues of bringing to academic liability for violation of academic integrity of participants in the educational process. Article’s main body. Based on the analysis of current legislation, the author formulates a definition of the term “academic liability” and establishes its place in the general system of legal liability. The author’s definition of the term «academic responsibility» is proposed: this is a type of legal responsibility that arises for the violation of the academic integrity of pedagogical, scientific-pedagogical and scientific employees of educational institutions, students of education in scientific institutions and educational institutions and entails negative consequences of state influence in case of committing them of an academic offense. A critical assessment of the list of violations of academic integrity is given. It is noted that in the current educational legislation there is no differentiation of violations related to the training of highly qualified personnel (master’s students, doctoral students, etc.). Attention is drawn to the fact that the Law of Ukraine «On Education» establishes a list of violations of academic integrity, in which offenses that are completely different in terms of the degree of social damage, for example, self-plagiarism and bribery, are placed in the same row/ The author established that the Law of Ukraine «On Higher Education» contains a list of sanctions for violation of academic integrity not for all participants of the educational process, but only for pedagogical, scientific-pedagogical and scientific employees of educational institutions and students of education. Amendments to the current legislation regarding the clear definition of objective criteria for the selection of the type of academic responsibility for a specific violation of academic integrity are proposed. Conclusions and prospects for the development. It was concluded that academic responsibility is a multi-meaning concept, in particular, a type of social, corporate, moral-ethical, legal responsibility, is a type of state coercion. It is proposed to harmonize the provisions of the educational legislation with the Code of Criminal Procedure of Ukraine, the Civil Code of Ukraine, the Criminal Code of Ukraine and other laws, which will regulate the types and measures of punishment for violating academic integrity. It is proved that academic responsibility can be legal (civil, labor, administrative, criminal), social, moral and ethical, corporate responsibility. Thus, academic responsibility intersects with legal responsibility. The need to establish the definition of the concept of «academic responsibility» at the legislative level and to regulate in detail all procedural aspects of bringing the participants of the educational process to academic responsibility is argued.

Moral Responsibility of a Moral Agent: Descriptive and Normative Approaches

The problem of moral responsibility occupies a key place in modern ethical studies. Based on the discussions formed in the academic field, the article considers the features of two main approaches to the definition of moral responsibility and the conditions for its onset: descriptive and normative. It is shown that despite the fact that the descriptive approach aspires for objectivity of imputation and ascription of moral responsibility, regardless of the specification of substantive moral requirements, it is still insufficient to explain the characterization of responsibility as moral. Therefore, the descriptive approach must necessarily be supplemented by a normative approach, so it becomes possible to define a moral agent not just as an object of responsibility, but also as an actor with the property of being morally responsible. The key to resolving the issue of different approaches to moral responsibility is to consider the concepts of strict and zero responsibility as specific conditions for imputing responsibility to an agent, which are impossible within the framework of an exclusively descriptive approach. It is shown that from an ethical perspective, these types of legal responsibility “without fault” imply normative attitudes towards actors who are considered as full-fledged moral agents. The ethical analysis of strict and zero responsibility demonstrates the conditions for the positive moral responsibility within the framework of the normative approach, namely the desire to maintain a normative order focused on maintaining the “good life”. The combined use of descriptive and normative approaches with simultaneous reference to the moral agent's own characteristics makes it possible to clarify the features of moral responsibility.

Peculiarities of disciplinary responsibility of professional athletes

The article is devoted to the study of the peculiarities of the disciplinary responsibility of professional athletes. The article reveals the meaning of the concept of disciplinary responsibility, the features of a professional athlete's disciplinary offense, and the specifics of bringing an athlete to disciplinary responsibility. Within the framework of the article, the issue of the admissibility of applying certain types of sanctions, particularly a fine, will also be investigated, and attention will be paid to the point of responsibility for violation of the sports regime. The issue of disciplinary responsibility of this category of employees is relevant and necessary to study in connection with the lack of a clear understanding of the specifics of the mentioned institute, the lack of distinction between disciplinary responsibility and other types of legal responsibility, as well as some other problems that arise when applying disciplinary sanctions to athletes professionals’ Legal regulation must be effective and meet the requirements of the time. The completeness of the liability rules is a guarantee of ensuring the constitutional rights of subjects of labor relations. Detailing the rules on disciplinary responsibility allows for the definition of clear boundaries of acceptable behavior for the employer and necessary behavior for the employee. The disciplinary responsibility of athletes is fully established depending on the specific sport by disciplinary statutes, regulations, regulations rules of the relevant international sports federations, national sports federations, clubs, and associations. Therefore, the legal regulation of the activities of professional athletes differs from the general regulation, has its characteristics, and requires special attention from the legislator. In particular, the article focuses attention on the need to introduce special disciplinary responsibilities for professional athletes, in particular through the adoption of a special law regulating the professional activity of athletes. The article proposes other measures to improve the current labor legislation.

MILITARY SERVANTS AS SUBJECTS OF ADMINISTRATIVE OFFENSES: GENERAL AND SPECIAL IN UNDERSTANDING

The article examines the peculiarities of the application of administrative responsibility to a special subject of the specified type of legal responsibility - a military serviceman. The norms of administrative-delict law and legislation of Ukraine are based on principles that are actually introduced into the national legal system of Ukraine and use the institution of substituting administrative responsibility with disciplinary responsibility. At the same time, changes made to the Code of Ukraine on Administrative Offenses testify to an ambiguous attitude to the institution of substitution in administrative tort law. Thus, the updated procedural norms of the administrative-delict legislation give authorized officials the right to draw up protocols on administrative offenses against military personnel, which indicates the removal from the list of exceptions among subjects who do not bear administrative responsibility on a general basis - military personnel. At the same time, the general principles of the Code of Ukraine on administrative offenses state that military personnel may be subject to administrative liability in exceptional cases. Such an approach reveals an ambiguous perception of the substitute. At the same time, the institution of the substitute acquires an ambiguous functional meaning, when administrative responsibility is replaced by disciplinary responsibility, and disciplinary proceedings and its elements, as components of disciplinary responsibility, can be replaced by elements of the administrative-jurisdictional (administrative-delict) process, in particular, evidence in disciplinary proceedings can be collected in accordance with the norms procedural administrative-delict legislation and, thus, be legalized in disciplinary proceedings. Key words: administrative responsibility, disciplinary responsibility, substitute, military serviceman.

Ответственность в сфере физической культуры и спорта

The present article introduces an authentic interpretation of sports responsibility. Responsibility in the sphere of sports and physical culture is a legal responsibility, as independent as criminal, administrative, disciplinary, civil, and other types. The system-structural method made it possible to substantiate this independence and distinguish it from other types of legal responsibility. The authors used methods of critical analysis to question those publications that declare the impossibility of classifying sports responsibility as legal. They also conducted a comparative analysis of international legal methods to adopt the positive experience of other countries in terms of the codification of sports legislation as a foundation for the Sports Code of the Russian Federation. The Code would consolidate the main provisions on sports responsibility. The research expands the scientific understanding of sports law and provides material for legislative activities.

Peculiarities of the application of labor legislation on the material responsibility of employees

The article analyzes the peculiarities of the application of material liability to the employee in the labor legislation of Ukraine. It is noted that the material responsibility of the employee is a type of legal responsibility. The evolution of the category "material liability" is studied in order to form a kind of generalized concept of the development of the studied legal relations in Ukraine, to eliminate conflicts and fill gaps in legal regulation, to improve it, in general, with the aim of maximum compliance with the current stage of development of the labor market in Ukraine. In the scientific article, the author considered in detail the issue of legal responsibility, which in the process of writing the scientific work allowed to consider in more detail the understanding of the material responsibility of the employee. The article examines the approaches of labor law theorists of Ukraine: P.E. Nedbayla, B.L. Nazarova, P.S. Lutsyuka, O.V. Zaichuka, N.V. Vasylchenko, N.M. Khutoryan, M.I. Inshina and others. regarding the definition of the essence and content of the concept of material responsibility, the author's vision regarding the content of this legal institution was formed. The author states that norms should be included that take into account both positive and negative aspects of legal responsibility. Also, the article examines in detail the contract on material responsibility as one of the main grounds for full material responsibility of the employee. The article considers judicial practice in cases of compensation for damage caused to enterprises, institutions, organizations by their employees, where clarification was made on the issue of determining the amount of material damage caused by employees' arbitrary use for personal purposes of technical equipment (cars, tractors, cranes, etc. .p.), belonging to enterprises, institutions, organizations with which they are in labor relations. In the course of the study, it is concluded that the labor legislation of Ukraine foresees different approaches to material responsibility depending on a wide range of circumstances: different forms of guilt, labor situations, etc., because quite a variety of legal relationships arise in a complex labor process. Liability also depends on the type of property that was damaged, the purpose of finding this property from the employee, the method and circumstances under which the damage was caused.

Substantial characteristics of disciplinary responsibility as a type of legal responsibility

Substantial characteristics of disciplinary responsibility as a type of legal responsibility

Positive legal responsibility: general theoretical characteristics

The article analyzes the concept of "positive legal responsibility". Its relationship with the term "responsibility" is established, the ratio of social and legal responsibility is considered. The relationship between the philosophical and moral meaning of the concept of "responsibility" is defined. Emphasis is placed on the need to define legal liability through the main objectives and principles of law, the practice of application and interpretation of the legal content of liability.
 The existence of positive and negative aspects of legal responsibility in modern legal science is outlined. The positive aspect of legal responsibility as a type of legal responsibility, which is a reaction of the state and society to socially useful action, is considered. The main types of legal incentives are identified. The most common signs of positive legal responsibility are outlined. 
 The negative aspect of legal liability is considered. The basic approaches to its understanding are defined, the basic signs are outlined. It is noted that negative legal liability is considered a means of guaranteeing the rights and freedoms of citizens. It is determined that in the mechanism of legal regulation measures of positive legal responsibility act as means of social control over the behavior of participants in public relations, ensuring mutual coherence of their actions. 
 Positive legal liability is aimed at reducing the manifestations of illegal behavior by stimulating the subjects of legal relations to implement socially useful behavior through various incentives and is characterized by the following features: associated with the provision of additional rights to the person; occurs for the implementation of certain desired behavior; established in incentive legal norms; is a means of stimulating subjects to commit lawful acts; sold voluntarily. 
 It is established that positive legal responsibility is a voluntary form of realization of legal responsibility, it is a legal obligation of the subject of responsibility to act according to requirements of legal norms which is realized in its lawful behavior.

CORRELATION OF DIFFERENT TYPES OF LEGAL RESPONSIBILITY IN THE FIELD OF ENVIRONMENTAL PROTECTION

This article considers different types of legal responsibility, in the field of environmental protection and nature management, the functions they perform and the problems inherent in each type of responsibility. It also proposes the idea of introducing an Environmental Code, which will contain environmental legal norms.

ПРОБЛЕМЫ УСТАНОВЛЕНИЯ ПРЕДЕЛОВ ПРОЦЕССУАЛЬНОЙ ОТВЕТСТВЕННОСТИ

The article is devoted to the consideration of the characteristics of one of the most important means of ensuring the procedural order – procedural responsibility. The potential of this type of legal responsibility is largely due to the quality of its normative legal consolidation. In solving this problem, it is necessary to develop answers to a number of interrelated questions, including the establishment of its limits. Not only the effectiveness/ineffectiveness of the application of procedural liability measures, but also the legality of state-compulsory influence in the course of the relevant legal processes depends on its qualitative resolution. In the course of the practical solution of the problem of establishing the limits of procedural responsibility, it is necessary to take into account their species classification, which will help in choosing its optimal boundaries. The limits of procedural responsibility are determined by the legislator through the use of appropriate criteria. They are factors external to the procedural responsibility itself, by means of which the volume of state-compulsory influence applied to the subjects who committed procedural offenses is determined. They must include in their unity both legal imperatives and moral requirements. The main attention is paid to the means that, according to the author, should be used in the legislative consolidation of the limits of procedural responsibility. It should be borne in mind that they differ in certain dynamics. This property allows you to react to changes in the course of dispatch of the corresponding types of legal processes.

Philosophical analysis of two types of legal responsibility

The paper presents some preliminary results of a philosophical analysis of the concept of legal responsibility, including its nature and types. It draws upon Anglo-American metaethical discussions of moral responsibility, which have abounded in philosophy after Peter F. Strawson’s landmark paper Freedom and Resentment. The author reconstructs two views on the nature of moral responsibility, the Strawsonian view and the ledger view (coming from Michael J. Zimmerman) and applies them to the concept of legal responsibility. The result is a distinction between two types of legal responsibility: attributability and accountability, which are characterized in the paper, which is an introduction to further research on legal responsibility (or liability) and its conditions.

Cybersecurity of space activities and the possibility of ensuring it by means of international law

The article deals with general theoretical and constitutional-legal issues of the formation and implementation of the constitutional-legal responsibility of the President of Ukraine. The relationship between the institution of constitutional and legal responsibility of the President of Ukraine and the problems of implementation of the Constitution and constitutional legislation, the formation of constitutionalism and the implementation of constitutional reform in Ukraine is investigated. The article analyzes modern legislative initiatives in the field of regulation of the institution of impeachment of the President of Ukraine. It is concluded that the correct understanding of the essential and functional-teleological characteristics of the constitutional and legal responsibility of the President of Ukraine depends on its functionality and efficiency. In general, positively assessing the adoption of a special Law of Ukraine "On the special procedure for removal of the President of Ukraine from office (impeachment)", we can conclude that it legalized for the first time at the legislative level the institution of constitutional and legal responsibility (by defining the concept of constitutional responsibility) and some legal features, principles, functions, features of the subject-object composition, revealing its essence and content as a type of legal responsibility, purpose in society and the state, as well as its place in the system of protection of the Constitution and constitutional order. On the other hand, attention should be paid to the overly complicated impeachment procedure, which in fact makes it impossible to implement the appropriate form of constitutional liability in practice. The procedural component of this Law, as well as many other legislative acts, which enshrine the relationship of constitutional and legal responsibility, is a significant shortcoming of native constitutional law. After all, the functionality and effectiveness of constitutional and legal responsibility in general, and such a subject of constitutional law as the President, depends not only on a proper understanding of its essential and substantive characteristics, but also primarily the quality of procedural and procedural support for its application.

Constitutional and legal responsibility of the President of Ukraine: problems of conceptualization and institutionalization

The article deals with general theoretical and constitutional-legal issues of the formation and implementation of the constitutional-legal responsibility of the President of Ukraine. The relationship between the institution of constitutional and legal responsibility of the President of Ukraine and the problems of implementation of the Constitution and constitutional legislation, the formation of constitutionalism and the implementation of constitutional reform in Ukraine is investigated. The article analyzes modern legislative initiatives in the field of regulation of the institution of impeachment of the President of Ukraine. It is concluded that the correct understanding of the essential and functional-teleological characteristics of the constitutional and legal responsibility of the President of Ukraine depends on its functionality and efficiency. In general, positively assessing the adoption of a special Law of Ukraine "On the special procedure for removal of the President of Ukraine from office (impeachment)", we can conclude that it legalized for the first time at the legislative level the institution of constitutional and legal responsibility (by defining the concept of constitutional responsibility) and some legal features, principles, functions, features of the subject-object composition, revealing its essence and content as a type of legal responsibility, purpose in society and the state, as well as its place in the system of protection of the Constitution and constitutional order. On the other hand, attention should be paid to the overly complicated impeachment procedure, which in fact makes it impossible to implement the appropriate form of constitutional liability in practice. The procedural component of this Law, as well as many other legislative acts, which enshrine the relationship of constitutional and legal responsibility, is a significant shortcoming of native constitutional law. After all, the functionality and effectiveness of constitutional and legal responsibility in general, and such a subject of constitutional law as the President, depends not only on a proper understanding of its essential and substantive characteristics, but also primarily the quality of procedural and procedural support for its application.