EFFECTIVENESS OF LEGAL RESPONSIBILITY: THEORETICAL AND LEGAL PRINCIPLES

Abstract

The article establishes the relevance of scientific knowledge of legal responsibility from the point of view of effectiveness, which involves a certain action on the offender and is associated with the onset of the corresponding consequences determined by the law up to the use of coercive physical influence. Emphasis is placed on the understanding by each participant of social relations that illegal behavior is followed by state coercion, because the rule of law in society must be ensured under any conditions. The theoretical and legal foundations of knowledge of the effectiveness of legal responsibility as a fundamental idea that reflects the essence and purpose of the institute of legal responsibility and is in close interaction with the principles of legal responsibility are analyzed. In general, legal responsibility is based on certain principles that reflect its nature and purpose. It is noted that the effectiveness of legal responsibility can be considered as one of the principles of legal responsibility. Attention is drawn to the fact that the principles of legal responsibility are closely interconnected and interdependent: the existence of one principle implies the existence of another, and the violation of one principle will lead to the violation of another. It has been determined that the effectiveness of legal responsibility as a principle is a stable legal idea that characterizes the essence and content of legal responsibility, has legislative consolidation and is related to the practical aspects of its implementation in order to guarantee and restore human rights and freedoms. If the legal responsibility will not have signs of effectiveness, then the very purpose and essence of its establishment is lost. Therefore, the establishment of any legal liability must be supported by legality, justice, effectiveness, inevitability of punishment and other principles.