The procedural component of legal liability
The procedural component of legal liability has been determined and analyzed. It has been proved that, first, legal liability arises only if there are necessary grounds, including the procedural basis; and secondly, the procedure for bringing to legal liability is determined by the norms of procedur...
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| Format: | Article |
| Language: | Ukrainian |
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Kharkiv National University of Internal Affairs
2018-12-01
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| Series: | Bulletin of Kharkiv National University of Internal Affairs |
| Subjects: | |
| Online Access: | http://visnyk.univd.edu.ua/index.php/VNUAF/article/view/201 |
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| author | L. I. Kalenichenko D. V. Slynko |
| author_facet | L. I. Kalenichenko D. V. Slynko |
| author_sort | L. I. Kalenichenko |
| collection | DOAJ |
| description | The procedural component of legal liability has been determined and analyzed. It has been proved that, first, legal liability arises only if there are necessary grounds, including the procedural basis; and secondly, the procedure for bringing to legal liability is determined by the norms of procedural law; thirdly, legal liability is implemented through the law-enforcement activities of the state.
It has been substantiated that the fact of the possibility to bring the relevant subject to liability (in private relations) with the help of state agencies affects the awareness of the subject of liability and induces him to voluntarily “take and bear” legal liability. Private liability is realized indirectly through the law-enforcement activity of the state and forms the marginal type of lawful conduct.
Attention has been paid to the fact that, unlike public law branches, it is sometimes sufficient to have two grounds (regulatory and factual) in private law branches to bring to justice and to induce legal liability.
It has been emphasized that the process of the realization of liability in private law differs from the process of its implementation in public law. However, bringing to liability both in public and in private law is regulated by procedural norms and is implemented within the framework of procedural relations that serve as a form of relations of legal liability. |
| format | Article |
| id | doaj-art-c5dc497e7fb84b9598b42720c94d0c26 |
| institution | Kabale University |
| issn | 1999-5717 2617-278X |
| language | Ukrainian |
| publishDate | 2018-12-01 |
| publisher | Kharkiv National University of Internal Affairs |
| record_format | Article |
| series | Bulletin of Kharkiv National University of Internal Affairs |
| spelling | doaj-art-c5dc497e7fb84b9598b42720c94d0c262025-02-02T03:40:14ZukrKharkiv National University of Internal AffairsBulletin of Kharkiv National University of Internal Affairs1999-57172617-278X2018-12-01834111810.32631/v.2018.4.01201The procedural component of legal liabilityL. I. Kalenichenko0D. V. Slynko1Kharkiv National University of Internal AffairsKharkiv National University of Internal AffairsThe procedural component of legal liability has been determined and analyzed. It has been proved that, first, legal liability arises only if there are necessary grounds, including the procedural basis; and secondly, the procedure for bringing to legal liability is determined by the norms of procedural law; thirdly, legal liability is implemented through the law-enforcement activities of the state. It has been substantiated that the fact of the possibility to bring the relevant subject to liability (in private relations) with the help of state agencies affects the awareness of the subject of liability and induces him to voluntarily “take and bear” legal liability. Private liability is realized indirectly through the law-enforcement activity of the state and forms the marginal type of lawful conduct. Attention has been paid to the fact that, unlike public law branches, it is sometimes sufficient to have two grounds (regulatory and factual) in private law branches to bring to justice and to induce legal liability. It has been emphasized that the process of the realization of liability in private law differs from the process of its implementation in public law. However, bringing to liability both in public and in private law is regulated by procedural norms and is implemented within the framework of procedural relations that serve as a form of relations of legal liability.http://visnyk.univd.edu.ua/index.php/VNUAF/article/view/201legal liabilityliabilityprocedural activitylaw-enforcement activityenforcement |
| spellingShingle | L. I. Kalenichenko D. V. Slynko The procedural component of legal liability Bulletin of Kharkiv National University of Internal Affairs legal liability liability procedural activity law-enforcement activity enforcement |
| title | The procedural component of legal liability |
| title_full | The procedural component of legal liability |
| title_fullStr | The procedural component of legal liability |
| title_full_unstemmed | The procedural component of legal liability |
| title_short | The procedural component of legal liability |
| title_sort | procedural component of legal liability |
| topic | legal liability liability procedural activity law-enforcement activity enforcement |
| url | http://visnyk.univd.edu.ua/index.php/VNUAF/article/view/201 |
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