General regulatory relationship and legal responsibility

Автор: Lipinsky D.A., Musatkina A.A.

Журнал: Ex jure @ex-jure

Рубрика: Теория государства и права

Статья в выпуске: 4, 2020 года.

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The article examines general regulatory legal relations in conjunction with positive responsibility and the principle of mutual legal responsibility. The author analyzes the decisions of the Constitutional Court of the Russian Federation, which emphasize the reality and legal nature of general regulatory legal relations and the positive legal responsibility of subjects. The conditionality of positive responsibility and general regulatory legal relations is substantiated by the presence of the principle of mutual legal responsibility, and it is also shown how international normative legal acts affect their formation. It is shown how general regulatory legal relations are modeled in legal norms with different industry affiliations. The conclusion is made that the principle of mutual legal responsibility is based on the triad: rights (freedoms) - duties -positive responsibility. The interrelation of general regulatory legal relations and legal relations arising from the legal fact of an offense is determined, and it is also proved that the second type of legal relationship cannot arise without the presence of the first.

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Legal relations, legal responsibility, general regulatory legal relations, mutual legal responsibility, constitutional state, rights and obligations, general responsibilities, general prohibitions, legal connections

Короткий адрес: https://sciup.org/147230072

IDR: 147230072   |   DOI: 10.17072/2619-0648-2020-4-23-36

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