Social Bases of Positive Responsibility

Abstract

The purpose of the paper is to explore the social basis of positive legal responsibility and prove its legal nature and practical importance, as well as its connection with the rule-of-law, state concept and civil society. To achieve this purpose the following methods were applied: dialectical, formal legal, sociological, and comparative legal studies. The application of a dialectical method enables to study the phenomenon comprehensively in its interconnection with practice and its development in social relations. The use of these methods has been tested by science and practice, which testifies the efficiency of their application to legal research. The paper provides the author's definition of social and legal responsibility, offers the data of a survey on the question of positive legal responsibility and its regulatory impact. The author establishes the unified character of legal responsibility that includes a positive (voluntary) and negative (state-forced) forms of implementation. The study reveals that statutory (single) responsibility is an objectively determined, introduced by law and protected by the state duty (necessity) of legal relations participants to comply with statutory regulations, and, in case of violations, the obligation of the offender to suffer condemnation, restricting of property or personal non-property rights.

DOI: 10.5901/mjss.2015.v6n6p402