TERMS OF CIVIL LIABILITY: ARE GENERAL THEORETIC APPROACH

УДК 347.1 PDF

ORCID ID 0000-0001-7595-777Х

DOI 10.37566/2707-6849-2021-1(34)-5

Inna KOVALENKO,

Associate Professor, the Department of Private and Public Law,

Kyiv National University of Technology and Design,

Candidate of Law Sciences, Associate Professor

TERMS OF CIVIL LIABILITY: ARE GENERAL THEORETIC APPROACH

The article is sanctified to the questions of civil liability on the legislation of Ukraine.

Taking these theoretical positions for basis, it is possible to assert that the normative founding of legal responsibility envisages the presence of legal norms, that determine possible and necessary behavior of the subject of legal relationships, embargo on certain behavior, and system of approvals and legal binding overs that determine the process of realization of responsibility. It is marked that traditionally a range of problems of responsibility was of interest such fields of law, as civil, administrative, ecological, domestic. Summarizing the above-mentioned in the article, it is possible to establish, that legal responsibility, including civil legal in whatever form she came forward always is direct influence on an offender. The substantial line of responsibility - it so to say perceptible bears by the face of negative consequences of offence in form privations of the personal, organizational or property order, regardless of what her measures will be realized: imprisonment, compensation of harm or something other. It stipulates the orientation of responsibility actually on the face of offender, stipulates penalty, punitive character of legal responsibility keywords: legal responsibility, offence, guilt, founding, inflicted harm, socially dangerous behavior.

Thus, it costs to consider the composition of civil offence, that includes for itself the presence of the inflicted harm, unlegality of behavior of malefactor, causal connection between behavior of person and harmful result, guilt of malefactor the condition of civil responsibility. Thus, it costs consider that illegal there can be actions that violate the norms of legislation and equitable rights of citizens, and illegal - only those actions that violate the norm of law.

Keywords: legal responsibility, offence, guilt, founding, inflicted harm, socially dangerous behavior.

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