Journal of Legal, Ethical and Regulatory Issues (Print ISSN: 1544-0036; Online ISSN: 1544-0044)


On the Concept of Positive Criminal Responsibility in the Context of Criminal Law Impact: A Critical View

Author(s): Vladimir Kuzmich Duyunov, Ruslan Valerievich Zakomoldin, Nurul Mohammad Zayed

The article provides critical analysis of the views of scientists promoting the concept of the positive legal responsibility in the general legal and industry-specific aspects. The supporters of such approach point out that the legal responsibility, being a kind of the social responsibility, also can be not only retrospective but positive. They apply this statement to the industry-specific kinds of the legal responsibility, including the criminal. The authors of the publication justify the opposite view according to which the introduction of notions “positive legal responsibility” and “positive criminal responsibility” into scientific use, legislation and legal precedents can only confuse, create difficulties in legal consciousness and legal use, as their content, limits and meaning are ambiguous and indefinite.

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