Rozhnov A.P. The Problems of Ensuring Legal Justice in Interbranch Differentiation of Legal Liability
DOI: https://doi.org/10.15688/lp.jvolsu.2017.4.15
Aleksey P. Rozhnov
Сandidate of Juridical Sciences, Associate Professor, Department of Criminal Law,
Volgograd State University
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Prosp. Universitetsky, 100, 400062 Volgograd, Russian Federation
Abstract. The article reveals the concept of the principle of justice and its relationship with the differentiation of legal liability. On the example of regulation of this principle in the criminal legislation of the Russian Federation it is emphasized that its addressees are not only bodies of application of law but also the legislator who has to prohibit only socially dangerous acts under the threat of punishment and establish proportionate sanctions for their committing. The concept of legal justice is revealed through its equalizing and distributing aspects. The latter aspect which is the need to reward each individual in proportion to their positive and negative contributions to public life has a direct bearing on the establishment of liability. Therefore the differentiation of liability understood as its legislative “stratification” should take into account the properties of the committed offense at the legislative level and, to put it through a measure, the type and size of the sanction, be adequate to it. To achieve justice in the process of inter-sectoral differentiation of liability it is proposed to comply with a number of requirements: any legal liability should be established only for a truly socially dangerous act; the next step in establishing fair liability should initially be the correct definition of the type of its sanctions – punitive or remedial and the correct definition of the sphere of law from which the breach of the rules determines the typical nature of liability (public or private). Within the actual inter-sectoral differentiation of the liability it must also be properly distinguished between standing close to each other offenses from different areas of public law using already proven tools of differentiation (the extent of material effects, the mechanism of administrative prejudice), to maintain continuity of legal liability, clearly state the differentiating characteristics of related offences in various industrial branches, to prevent criminalization (save criminalization) non-criminal acts.
Key words: justice, legal justice, danger to the public, interbranch differentiation of liability, offense, wrongdoing, crime, legal liability.
The Problems of Ensuring Legal Justice in Interbranch Differentiation of Legal Liability by Rozhnov A.P. is licensed under a Creative Commons Attribution 4.0 International License.
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