On the concept of legal liability institutions

Abstract

The nature and distinguishing features of legal liability institutions in the legal system were analyzed. The tendency to define legal institutions in the branches of law solely through the legislative factor (tied to regulatory acts) was criticized. Distinctions were made between the concepts of “legal liability type” and “legal liability institution,” highlighting the key differences between them. Additional evidence was provided to support the identification of legal liability institutions by relating them to particular branches of law, which are considered the structural elements of the legal system at both macro- and micro-levels. The mechanical classification of legal liability institutions belonging to various branches of law within public or private law was challenged. The practice of treating private and public law liability, along with procedural and substantive liability, as a set of institutions associated with specific legal branches was questioned. The conclusion was made about the need to raise the issue of legal liability legislation that does not mirror the structure of legal liability institutions existing in the legal branches. This differentiation would create an effective legal liability system, without complicating it with numerous legal entities.

Keywords

• legal institution
• legal liability institution
• structural elements of legal system
• legality
• procedural liability
• levels of legal system