System of legal liability in the context of political science of law (a first approximation)

Abstract

Theoretical and empirical data indicate the need to recognize the value and applicability of the political science tools of law in legal research. Determination of the scientific status of political science of law as an element of the general theoretical science of law or an independent science at the initial stage of approbation of its methodological prospects is not an end in itself. The article attempts to initially understand the political content of legal liability and its system at the normative and individual levels of legal regulation using the methods of political science of law. Based on the analysis of social and political practice, domestic and foreign conceptual ideas, as well as the provisions of the current legislation of Russia and the specifics of its application, the author comes to the conclusion that political and legal reality deeply penetrates into the structure of the phenomenon of the system of legal liability. By defining the boundaries of the political element, areas of contact of the legal liability system with the socio-political sphere in the general context of the legal formation process, assessment of the regulatory impact and the degree of effectiveness of law enforcement are identified. The problem areas of the system of legal liability are revealed, requiring the application of the methods of political science of law and the imposition of the model of the legal process, mediating the consolidation and realization of liability, on the model of the political process. The prospects are established and the expected results of the use of political and legal analysis, political and legal modeling, political and legal experiment and a comparative political and legal method in relation to the subject of research are formulated.