Author

CHUKLOVA E.V.

Title of article

PLACE OF THE INSTITUTION OF PROCEDURAL
RESPONSIBILITY IN THE LEGAL SYSTEM

Section

Section 1. Methodology of law enforcement activitie

Issue, year

3 (49) 2019

Abstract

The purpose of the study is to determine the legal nature of the institution of procedural responsibility, to study the correlation of the norms of procedural responsibility with other norms, institutions, branches and communities. It is proved that the institution of procedural responsibility is the institution of public law. This institution is of interdisciplinary nature, since the participants in the process, who can be subjects to applying the measures of procedural responsibility, may have both private and public interests, which are protected, respectively, by measures of responsibility of both private and public branches of law. The author of the article analyzes the correlation of the
norms of substantive law, which are aimed at the protection of procedural relations, and characterizes their interaction with the classical procedural responsibility. The coordination, subordination and genetic
relations of the institution of procedural responsibility with other elements of the legal system are revealed in the research. The institution of procedural responsibility has complex coordination relationships with the substantive branches of law, expressed in the use of common terms, concepts, and categories. Interconnections of subordination are manifested by the hierarchy between the measures of procedural responsibility within one normative legal act, as well as between the measures of responsibility enshrined in the norms of other institutions of responsibility. Genetic relationships reveal the common origin of the structural elements that are part of the institution of procedural responsibility.

Keywords

procedural responsibility; legal system; institution of procedural responsibility; public law; private law.

References

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