The Two-aspect Theory of Legal Responsibility According to the Russian Law

Abstract

The article draws our attention to legal responsibility as a key legal phenomenon. Theoretical aspects of a legal responsibility concept, its prospective (positive) and retrospective (negative) components and contents are considered. Authors discuss issues connected with lack of uniform approach in determining the legal responsibility and the reasons the term is not understood clearly. Discovering key components of legal responsibility, the author's vision of the problem’s solution and key definition is offered and a definition of a legal responsibility concept is formulated as authors see it. On the basis of such analysis and on the example of the legislation of the Russian Federation, authors reveal some establishment features and solutions of legal regulation as well as offer the ways of implementing their vision. Authors formulate a conclusion that the legal responsibility is currently a rather voluminous, yet contradictory legal phenomenon which is not possessing sufficiently in legislative regulation.