Positive legal liability in the system of legal liability

The subject of the study is the institutional framework and the system of public relations that predetermine the system of legal liability in general and such a subsystem as positive legal liability in particular. The macrolevel of the system of legal liability is analyzed, but elements of the system of legal liability marked off at the microlevel are not subjects of this study. The author analyzes the institutional basis of positive legal liability. Particular attention is paid to norms-principles and incentive norms. The interrelation between positive and negative legal liability is revealed, the normative character of positive legal liability is proved, as well as peculiarities of norms of legal liability, their signs and characteristics are examined. Various components of positive legal liability, their interaction with each other, as well as with elements of negative legal liability are revealed. As a result of the research, it is concluded that the system of legal liability at the macrolevel includes the institutional component of positive legal liability, consisting of formalized duties, bans and powers, the implementation of which is ensured not least because of the sanctioning complex. A separate element of the subsystem of positive legal liability is the institution of encouragement, based on a special subject and method of legal regulation. The work of the entire subsystem of positive legal liability is aimed at preventing the emergence of a dynamic negative legal liability. The positive subsystem and subsystem of negative legal liability mutually support each other, predetermining the effectiveness of the entire system of legal liability.