Legal responsibility and punishment: the problem of correlation

 
PIIS0024024-6-1
DOI10.31857/S102694520024024-7
Publication type Article
Status Published
Authors
Occupation: Head of the Department of Theory and History of State and Law, Nizhny Novgorod Academy of the Ministry of Internal Affairs of the Russian Federation
Affiliation: Nizhny Novgorod Academy of the Ministry of Internal Affairs of the Russian Federation
Address: Russian Federation, Nizhny Novgorod
Journal nameGosudarstvo i pravo
EditionIssue 10
Pages63-70
Abstract

The article analyzes the problem of the correlation of legal responsibility and punishment. The reasons that determine the diversity of approaches to the relationship of the concepts under consideration are revealed. Based on a number of methodological prerequisites (certainty in the understanding of the categories being compared, the inadmissibility of considering legal liability in isolation from other, basic categories of legal science and, above all, state coercion, the need to distinguish between the concepts of “bringing to legal responsibility” (“sentencing”) and “implementation of legal responsibility” (“implementation (serving, execution) punishment”), justifies the conclusion, that the concept of “legal responsibility” in its traditional (retrospectively negative) understanding as a measure of adverse consequences, appointed by an authorized legal entity in a special procedural order for an offense committed, is identical to the concept of “punishment”.

Keywordslegal responsibility, punishment, conviction, state coercion, protective measures, preventive measures, other criminal law measures, compulsory medical measures
Received12.01.2023
Publication date27.11.2023
Number of characters27595
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