Interrelation of forms of legal and political responsibility

Автор: Garipov Ruslan Faritovich

Журнал: Теория и практика общественного развития @teoria-practica

Рубрика: Право

Статья в выпуске: 12, 2019 года.

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The paper discusses a topical issue of delimitation of political and legal liability that is imposed on agents implementing governmental functions. Implementation of legal liability occurs through a set of active measures. The power component is of paramount importance among them. It presumes both a positive and negative concept of liability if applied to political agents. The implementation of liability measures occurs under the influence of the strongest participant in political relations, who possesses the necessary amount of resources (the ruling party, the head of state, and the head of government). In an objective understanding, the form of political liability is the content of political norms that regulate relations with the participation of agents of power. Liability can be allocated both in a legal and non-normative form. Because of this, in modern legal sciences, it is hard to delimitate legal liability measures and cases of accrual of political liability. When using non-normative formalization of liability, the author suggests highlighting such feature as the wide discretion of the agent of power in relation to the offender. Therefore, forms of political liability are associated with volatility, selectivity and subjectivity.

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Political liability, legal liability, legal offence, state responsibility, guilt, liability conditions, basis of liability, forms of liability

Короткий адрес: https://sciup.org/149134359

IDR: 149134359   |   DOI: 10.24158/tipor.2019.12.14

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