THE CONCEPT OF «DEGREE OF FAULT» AS THEORETICAL CHARACTERISTICS OF INDIVIDUALIZATION OF GUILT AND CRITERIA LEGAL RESPONSIBILITY

Abstract

The term «degree of fault» is quantitative, it expressed relative burden of guilt, the intensity of mental attitude to face the acts committed. This term is often used in the theory of criminal, civil, labor law, and in judicial practice. Unfortunately, in modern studies of the offense and the legal liability, the question of the degree of guilt proper lighting not found.The goal of this study – to investigate one of the basic characteristics of the theoretical fault – her degree, to show how it is determined and what influence on the legal liability and punishment.The scientific, theoretical and practical significance of the work lies in the fact that the study of this issue would allow for general theoretical level, to determine the place of the term «degree of fault» in the theory of law and legal sciences branch. The conclusion that the courts need to consider the degree of culpability of the offender for the individualization of responsibility and punishment is essential for law enforcement.The author uses the philosophical, general scientific and chastnonauchnogo methods of scientific knowledge, as well as comparative historical, structural and systemic and general logic methods.The author analyzes the position of the Soviet and modern legislation, concluding that the term «degree of guilt» is often used, and is currently used in the legislation, the degree of guilt of the offender is taken into account by the courts for the individualization of responsibility and punishment, the author confirms examples.The results of this study are scientific and practical value, as may be useful in teaching students – in industry disciplines, theory of law; in science – the study of the Institute of guilt and the main theoretical characteristics.

Keywords

• guilty
• the degree of fault
• legal responsibility
• punishment
• individualization
• non-pecuniary damage
• complicity