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Procedural Responsibility as an Institution of Law
D.A. Lipinsky ,
Doctor of Legal Sciences, Professor of Department of Theory
of State and Law Faculty of Togliatti State University
E.V. Chuklova ,
Candidate of Legal Sciences, Associate Professor of Department of Civil Law,
Civil Procedure and Employment and Labor Law of Togliatti State University
The authors study the institution of procedural responsibility based on its wide understanding due to its protective and regulatory functions. The nature of the institution of procedural responsibility is defined as regulatory-protective, which causes its heterogeneous influence under different legal facts: a procedural offence and the factors conditioning a subject’s entrance into procedural relations. The authors base their study on the logic from the general to the special, defining the characteristics of the institution of law, the institution of legal responsibility and the institution of procedural responsibility. However, the general is not confined to the specific, as well as the specific does not always include the entire general. Therefore, the general characteristics of the institution of legal responsibility are altered in the characteristics of the institution of procedural responsibility. The article offers a description of a special kind of procedural norms – the norms of procedural responsibility that make up the corresponding institution of procedural law, which has its own subject matter and method of legal regulation. Optional and imperative methods are applied before a procedural offence is committed. Starting from the moment of its commitment, the imperative method is exclusively applicable. The authors also study other characteristics of a procedural offence: the range of regulated social relations; procedural responsibility measures; the reasons for regulatory and protective influence. The study emphasizes the intersectoral nature of both legal responsibility and procedural responsibility institutions and the integral nature of regulation, as well as the protection of homogeneous relations. Special attention is given to the analysis of the characteristics that distinguish the institution of procedural responsibility from other institutions of legal responsibility. The article offers conclusions regarding the characteristics of the institution of legal responsibilityandthe institution of procedural responsibility and definitions of the corresponding legal institutions. The article was written with the support of Russian Humanitarian Scientific Foundation: project No. 16-33-00017 “Complex, Intersectoral Institution of Legal Responsibility: Notion, Structure, Interconnections and Place in the System of Law”.
Keywords: institution of law; institution of legal responsibility; institution of procedural responsibility; procedural offence; abuse of right; subject matter and method of procedural regulation; positive legal responsibility.
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Information about the authors:
Lipinsky D.A. (Togliatti, Russia) – Doctor of Legal Sciences, Professor, Professor of Theory of State and Law Department of Togliatti State University (445000, Russia, Samararegion, Togliatti, Belorusskaya st.14; e-mail: Dmitri8@yandex.ru).
Chuklova E.V. (Togliatti, Russia) – Candidate of Legal Sciences, Associate Professor, Associate Professor of the Department of Civil Law, Civil Procedure and Employment and Labor Law of Togliatti State University (445000, Russia, Samara region, Togliatti, Belorusskaya st. 14; e-mail: firstname.lastname@example.org).
D.A. Lipinsky, E.V. Chuklova