PROMOTION AND PUNISHMENT AS FORMS REALIZATION OF LEGAL RESPONSIBILITY

The subject of the study is the phenomenon of legal responsibility, which is not confined solely to the undermining of various adverse consequences of the offense, but is also expressed in the promotion of legitimate and socially useful actions. The article analyzes various scientific positions on the notion of legal responsibility. The author proceeds from the concept of legal responsibility as a holistic legal phenomenon that has various forms of implementation. Punishment and encouragement is not a consequence of legal responsibility, but its various forms of realization, conditioned by the philosophical law of unity and struggle of opposites.

The author comes to the conclusion that encouragement and punishment have a number of common features and characteristics that make it possible to consider them as forms of implementing a single legal responsibility: both the encouragement and punishment are contained in the third structural element of the rule of law - sanctions; They pursue a single goal - to form a legitimate behavior of the subject, to prevent the commission of an offense; Have the property of normativity; Encouragement and punishment are legal means allowing to consider them as paired legal categories; Their existence within the framework of statutory responsibility is conditioned by the philosophical law of unity and struggle of opposites.