To the problem of the theory of legal responsibility

The consideration of problems of positive legal responsibility, the balance between negative legal responsibility and measures of protection, possibilities of use of religious and moral approach when examining various questions of the general theory of legal responsibility is based on the analysis of the textbook of V. V. Sorokin "The theory of legal responsibility". In particular, the present article supports the above author who is extremely negatively estimating positive legal responsibility which has no basis and states that it is impossible to define its legal nature and to distinguish it from the concepts "lawful behavior", "performance of duties" and a number of other critical remarks on this subject. The author is right, saying that it is time to eliminate the problem of so-called positive legal responsibility since it is groundless both theoretically and in practice. There is no positive legal responsibility because legal responsibility is always negative. Years-long appeals to develop the concept of positive legal responsibility, disclosing its peculiar legal content, were reduced to declarative statements, whereas, on the contrary, the in-depth study of the problems of social responsibility from the position of legal science inevitably leads to the conclusion that its positive aspect does not have signs, qualities and features of the legal phenomenon which is characterized by the relationship with the state and law. At the same time, the statements of the scientist that, with a sufficient degree of confidence, can constitute the subject of scientific discussions raise some doubts. Firstly, it concerns the position of the scientist who unreasonably identifies measures of legal responsibility with measures of protection. We believe that, social legal purpose of restorative legal measures is to pay for damage caused by an offence (other actions) to legitimate interests and rights of the person. The statutory framework for restorative legal measures is formed by the so-called restorative legal sanctions by means of which the state protects a normal development of public relations in a society by way of: legislative determination of the duty to pay for the harm to property, damage; cancellation of illegal acts and transactions; directions for the coercive measures taken by competent bodies for the realization of unperformed duties etc. Secondly, the use of a religious and moral approach, which is idealistic by its nature. The author of the present article proves the statement that in this case it is an objectively subjective idealism since in his work V. V. Sorokin appeals either to the Lord or to the person and his inner, mental world. It is through the prism of this methodological approach that the author considers some problems of legal responsibility.

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