THEORETICAL PRINCIPLES OF DETERMINING THE PLACE OF INTERNATIONAL LEGAL RESPONSIBILITY WITHIN THE CATEGORY OF LEGAL LIABILITY
Journal Title: Юридичний науковий електронний журнал - Year 2018, Vol 2, Issue
Abstract
The article is devoted to the study of the place of the institute of international legal responsibility within the general theoretical category of legal responsibility. The work analyzes the generic features of legal liability in general and specific types of signs of international legal responsibility. The author concludes that the specific features of international legal responsibility are due to the nature of international law and international relations. General generic signs of legal responsibility named in the article are next: legal liability is a form of social responsibility; legal liability always has a retrospective character and comes solely for violation of the law; the possibility of legal liability is established by legal norms only; the only factual basis for legal liability is the delinquency; the obligation of the offender to undergo of coercive provided by the law and the right of the subject who has the competence to bring legal liability to apply to the offender coercive measures are the content of legal liability; the means of coercion that apply to the offender always have a negative character for him. Also, the author names such specific features of international responsibility: international responsibility is a relationship between subjects of international law, aimed at applying to the offender measures envisaged by the sanction of the violated norm of international law; the possibility of coming international legal liability is stipulated by the norms of international law; parties of international legal responsibility can be exclusively subjects of international law – states, nations (peoples), fighting for their liberation, international intergovernmental; the basis of international legal liability can be only wrongful act committed by a delinquent subject of international law; the right to apply to the offender the measures of international legal responsibility has an injured subject of international law; if as a result of an internationally wrongful act the rights of a group of subjects or of the international community as a whole are violated, the right to apply to the offender the measures of international legal responsibility has an any subject of international law; measures of international legal responsibility always have a negative character for the offender and should provide compensation for damage caused by an internationally wrongful act, and if an international crime is committed, it also must punish the offender.
Authors and Affiliations
А. Л. Чернявський
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