Principles of legal responsibility: new criteria for classification and subordination

The author proposes a classification of the principles of legal responsibility based on the use of a spiritual and moral approach. The proposed classification took into account that the different principles of law were not equal, and therefore a hierarchy should be established between them. In the practical use of the principles of legal liability, conflicts between them are inevitable. In this case, there should be no compromise between legality and justice - a decision must be made in favor of justice. And the conflict between justice and mercy must be removed in favor of mercy. Any conflict between the principles of legal responsibility is hierarchical. Thus, any conflict of principles of legal responsibility should be overcome in favor of the principle of higher order. In the system of principles of legal responsibility, basic and non-basic principles should be singled out. The basic principle is, in fact, three: The principle of legality, the principle of justice, and the principle of mercy. The basic principles occupy the leading place in the hierarchy of principles of legal responsibility. At the same time, there is also a subordination between the basic principles of legal responsibility - in a particular case, first it is necessary to find out the legislative basis for making a decision, then determine in the criteria of justice in this case and then find a place of mercy in the resolution of the dispute on the merits. It is not enough to stand on the position of the legality, because such a position presupposes a formal approach to the case, reckless and angasizivaniality (politicization). Thus, from studying all relevant legal norms, the law enforcement should rise to the understanding of the parameters of the fairness of the decision being taken. But being fair is not enough. One nemesis of the goals of legal responsibility is not to achieve. From the proportional retribution the law-enforcement must go to the stage higher - to show mercy. The movement of the law enforcement thought from the principle of legality to justice, and then - mercy characterizes independant and increasing stages in the formation of a jurisdictional solution. The principle of mercy expresses the opportunity for a person who committed a crime to correct the way of life. The use of the principle of mercy is fully in line with the tradition of Russian legal culture and the need for legal consciousness of Russian society. The purpose of the article is to identify and theoretical substantiation of criteria for classification of principles of legal liability. The position of the supporters of the formal approach is criticized. The author's conclusions are based on an analysis of jurisprudence. The article contains numerous suggestions and recommendations for law enforcement practice.

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