THEORETICAL ASPECTS OF DETERMINING THE CONTENT OF LEGAL RESPONSIBILITY IN THE LEGAL SYSTEM

Abstract

he article provides a comprehensive theoretical analysis of one of the fundamental legal categories
"legal responsibility" as a socio-legal doctrine and rules of behavior in society. Modern scientific views and opinions
regarding this category with all its variations are highlighted and systematized. Three main approaches to the definition
of legal responsibility are distinguished: negativist (responsibility for the fact of committing an illegal act), positivist (allencompassing in time), holistic-legal (as a general direction of the development of law). A direct connection between the
concepts of responsibility and the carelessness, intent or negligence of the offender has been proven. It has been proven
that the institution of responsibility is a fundamental mechanism in the legal system of Ukraine.
The article found out that any concept in law, as well as the concept of dualism when considering approaches to
determining legal responsibility, has its own shortcomings. If it is considered only from one side (for example, from the
side of negativism), then the fundamental educational points of the concept of "responsibility" will not be taken into
account. That is, only the obligation to observe generally accepted social norms will be ensured. And it defines only the
minimum possibilities of legal responsibility. Compliance with the duty does not ensure fully lawful behavior in society
and creates a scope of forms of behavior that must be observed. That is, it is emphasized that for the real application of
responsibility it is necessary not only to "create" a model of lawful behavior, but also to legislate this model in legal
norms and laws. The fact is proved that it is generalization in legal norms that gives social rules of lawful behavior legal
content. That is, the effectiveness of using the dualistic model when considering approaches to determining legal
responsibility for the modern state-legal model of Ukraine is emphasized.
The main goal of the article is to generalize the theoretical work of domestic scientists in the field of the theory of
the state and law regarding the issue of the legal nature of the category "legal responsibility", as well as to clarify and
typologize the main scientific approaches and concepts of the researched category of law.