TOPICAL ISSUES OF THE DIALECTIC INTERCHANGE OF REGULARITY, NECESSITY, FREEDOM AND LIABILITY OF THE PERSON


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Abstract

The topical issues of the dialectical interrelation of the regularity, necessity, freedom and responsibility of the individual, as well as the statute, the legal status of the individual and status responsibility, their organic interaction with legal responsibility in its full scope are examined. Legal responsibility is seen as a holistic legal phenomenon that has various aspects of implementation. The relationship between legal responsibility and the rule of law is defined, and the responsibility itself is justified as an attribute of the rule of law, its sign and principle. Legal responsibility on the one hand, itself is conditioned by freedom and necessity, and on the other hand it limits freedom and cognized necessity. Freedom is the product of the development of material relations. Historically, it means such a state of a person in a society that is characterized by the presence of a certain amount of social opportunities that ensure its full development and improvement. Freedom and responsibility are not only characteristics of the rule of law, but also of civil society. Civil society, the rule of law and legal responsibility are mutually conditioned. Freedom is a cognized necessity, conditioned, among other things, by a rule-of-law state with civil society. But there is no absolute freedom, it is limited by responsibility, but it is also conditioned by it. It is concluded that this is a two-way, directly proportional process of movement towards a higher stage of organization of society. Perfection of social relations requires the free and responsible activity of people in accordance with a known historical pattern. Recognition of necessity is not enough for a really free and responsible activity. Without its knowledge, there can be no freedom, for unconscious activity is accidental, unfree and irresponsible.

About the authors

Evgeniy Valentinovich Chernykh

Saratov State Law Academy, Saratov

Author for correspondence.
Email: i_gp@ssla.ru

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

Russian Federation

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