Factors influencing the system of legal responsibility: problem formulation

Abstract

The problem of factorial influence on the system of legal responsibility, insufficiently explored and actual for modern jurisprudence, is studied. Based on the previous research results, the author raises the question of the need to develop a conceptual vision of the system of factors influencing the system of legal responsibility and its subsystems. The main meanings of the term “legal factor” are revealed. The author’s interpretation of the concept of “factor of law” is proposed. The disadvantages of the “traditional” approach to the differentiation of factors influencing the system of legal responsibility in the spheres of public life are indicated. In particular, it was noted that such an approach has an excessively high degree of generalization and does not provide for the possibility of the existence of complex and mixed factors (socio-political, economic-ideological and others), as well as extra-social factors (natural, technical and others). It is determined that, along with the indicated (general) factors, special factors – factors of law – have a direct impact on the system of legal responsibility. Examples of the positive and negative impact of certain factors of law on the system of legal responsibility are given using official statistics and information about the problems of lawmaking and law enforcement. Recommendations are given on the implementation of factor analysis in relation to the subsystems of legal responsibility, dichotomous series of factors to be taken into account are proposed, semantic blocks for identifying the degree of factor impact are named. In general, the methodological starting points for further knowledge of the factorial prerequisites of the system of legal responsibility are justified. The results of the research are summed up.