SYSTEMIC APPROACH AND LEGAL LIABILITY

Abstract

The article is devoted to the problems of a systematic approach using in research in the field of legal liability. It is based on the systematic nature of law understanding as an objective integration (consolidation) according to the content characteristics of certain legal parts into a structurally ordered integral unity that has relative independence, persistence and autonomy of functioning. The regulatory structure of the administrative responsibility of individuals under the Code of Ukraine on Administrative Offenses is examined in detail from the standpoint of systematic law signs. The conclusion that the institution of administrative responsibility is a system in its classical sense and is a component of a higher order system, namely, the branch of administrative law is grounded. Unlike individuals, normative constructions of administrative responsibility of legal entities, although they are conceptually similar, do not have signs of the system due to functional limitations and lack of signs of autonomy. Corresponding regulatory structures serve narrow, specific areas of social relations. Such constructions are in banking legislation, legislation on the protection of economic competition, municipal engineering, environmental, land and other branches of legislation. In a comparative aspect, it is shown that the normative structure of the disciplinary liability of state employees is an arranged set, but does not make a system for the lack of autonomy signs.

The approach according to which the term “system” is used to refer to normative constructions that are not systems in their characteristics is criticized. In particular, the incorrect use of the phrase “administrative penalties system” in the scientific literature is indicated. It is represented that the set of administrative penalties is not separated from the external environment, which the institution of administrative responsibility as a whole acts for them; for the implementation of administrative penalties, it is necessary to use a number of regulatory structures, especially procedural ones, which are also components of the administrative responsibility institution; in the set of administrative penalties, there is no integrative feature different from the ones of each individual penalty.

The list of administrative penalties is represented as an arranged set, nevertheless, arrangement here is shown only in their concentrated, orderly placement in the text of the corresponding normative legal act.

Considering the normative structure of criminal liability, it is concluded that such responsibility from the point of view of a systematic approach is an over-industry formation, since it consists of the norms that form criminal law, criminal procedure law and criminal enforcement law. But these normative formations in the modern theory of law have the status of independent law branches.