THE POSITIVE AND NEGATIVE SIDES OF LEGAL LIABILITY

Kobzar-Frolova M. N.

This article addresses the role and significance of the phenomenon of "legal liability." The author notes that in recent years, a one-sided understanding of the nature and essence of legal liability has developed. Research related to legal liability is increasingly viewed from the perspective of experiencing negative consequences and the imposition of punishment. The concept of "liability" is often equated with the lesser concept of "punishment." The author believes this diminishes and, to some extent, devalues the role and profound significance of this phenomenon. In this regard, the topic is highly relevant. Beginning with the historiography of the phenomenon of "liability," the author demonstrates the periodic development of this term in scholarship and addresses the debate surrounding the scope and essential meaning of this term, focusing on the positive and negative aspects of legal liability. Finally, the author presents her conclusions.

Keywords:"legal liability", positive and negative sides, protection, security, prevention, suffering negative consequences, punishment, penalty.