Treatment of Legal Liability in Russian Theory of Law

  • Damir Y. SHAPSUGOV Russian Presidential Academy of National Economy and Public Administration
  • Yuri N. RADACHINSKY Russian Presidential Academy of National Economy and Public Administration
  • Andrey V. KUROCHKIN Russian Presidential Academy of National Economy and Public Administration

Abstract

The article is devoted to the issues of formation of general theory of legal ability. The author makes an attempt to evaluate the prospects of legal liability studies, together with psychological, pedagogical, and philosophical research as a solution of common social issues. The purpose of the research is to determine the conditions of formation of the general theory of legal liability as part of the theory of social responsibility, the scientific search for solutions to problems of implementation and enforcement of legal responsibility in the modern Russian legal system. The methodological basis of the study includes comparative analysis of systemic theories of responsibility in various social sciences and axiomatic method in the formation of the primary statements about the nature of legal liability. Justification of main conclusions is carried out by reference to the enabling legislation of the courts of the Russian Federation. The result of the study was the thesis of the author on the admissibility in law notions of responsibility and new approaches to the determination of the place of legal liability in the legal system in Russia. In particular, this approach enables rethinking the purpose and methods of achieving legal responsibility in the formation of law.

References

[1] Albuhovskaya-Slavskaya, K.А. 1980, 1980. ‘Activity and personality psychology’ (Moscow).
[2] Chirkov, А.P. 1996. ‘Liability in the system of law: Student book’ (Kaliningrad) - P. 6,7,13.
[3] Constitution of the Russian Federation, 1993, (The Russian Newspaper, Dec, 25, 1993, No. 237).
[4] Dementiy, L.I. 2005. ‘Responsibility as a manpower and person resource’ (Moscow).
[5] Family Code of the Russian Federation. 1995. (The Russian Newspaper, January 27, 1996, No. 17).
[6] Labor Code of the Russian Federation. 2001. (The Russian Newspaper, Dec 31, 2001, N 256).
[7] Rudkovskiy, E.I. 1986. ‘Freedom and responsibility of personality’ (Minsk).
[8] Ruling of the Constitutional Court of the Russian Federation. 2013. N 19-P ‘Case on the verification of the constitutionality of point 13 of the first part of article 83, paragraph 3 of the second part of article 331 and article 351.1 of the Labor Code of the Russian Federation on the grounds of complaints of citizens V.K. Barabash, A.N. Bekasova and others and inquiries of Murmansk regional Duma’ (Code of laws of the Russian Federation, July, 29, 2013, No. 30 (part II), Art. 4189)
[9] Shapsugov, D.Y. 2003. ‘Issues on theory and history of authority, law and government’ (Moscow) - P. 469, 481.
[10] Vitruk, N.V. 2009. ‘General theory of legal accountability’ (Moscow) - P. 7, 11, 12.
Published
2016-08-20
How to Cite
SHAPSUGOV, Damir Y.; RADACHINSKY, Yuri N.; KUROCHKIN, Andrey V.. Treatment of Legal Liability in Russian Theory of Law. Journal of Advanced Research in Law and Economics, [S.l.], v. 7, n. 3, p. 620-624, aug. 2016. ISSN 2068-696X. Available at: <https://journals.aserspublishing.eu/jarle/article/view/194>. Date accessed: 14 apr. 2024.
Section
Journal of Advanced Research in Law and Economics