THE SUBJECT AS AN ELEMENT OF THE SYSTEM OF RESPONSIBILITY OF PUBLIC AUTHORITIES BODIES


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Abstract

The article is devoted to the analysis of the system approach and its role in studying the legal responsibility of public authorities. It is noted that in recent times the use of the system approach in many fields of science has become more and more widespread. This is not accidental, since the study of individual objects in the system, contributes to a deeper understanding of the essence of these objects. Within the framework of responsibility as a system, it is proposed to distinguish such elements as: the subject of responsibility, its grounds, the procedural element of the implementation of legal responsibility, measures of legal responsibility, etc. Among the subjects of public authority are: the population; the state and its bodies; bodies of local self-government; various kinds of public associations, etc. It should be noted that each of these subjects has its own specificity, realized through functions, powers and responsibility. The negative consequences are shown in the absence of a part of the elements in the named system. In the structure of the status of a subject of public authority, such distinctiveness is distinguished as the presence of a huge number of immunities of a number of persons (deputies, judges and prosecutors). Because of this, in practice, these officials can hardly be subjected to the procedure of prosecution, which gives rise to signs of permissiveness in their professional activities. In this regard, the idea is expressed about the inadmissibility of unjustified removal of an official from the general tort law, and every exception to the general rules should be reasonable and reasonable. It is concluded that in modern conditions the application of the system approach in the study of responsibility allows for a deeper study of habitual phenomena and finding new ways of solving existing problems.

About the authors

Roman Sergeevich Markunin

Saratov State Law Academy, Saratov

Author for correspondence.
Email: markunin88@yahoo.com

Candidate of Legal Sciences, Associate Professor of the Theory of State and Law Department

Russian Federation

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