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The relevance of the research problem is due to the need for theoretical justification of the diversity of aspects of the relationship between the principles of inevitability and the institution of exemption from legal liability. The purpose of the article is to identify the essence of the relationship between the principles of inevitability and the institution of exemption from legal liability. The leading methodological approach of the research is the structural-functional approach, which allows to consider the principles of inevitability and the institution of exemption from legal liability as elements of the normative part of the legal system, which have their own functional purpose. The article reveals the essence of the principle of inevitability of legal liability; the content of the institute of exemption from legal liability is clarified; aspects of the relationship between the principle of inevitability of legal liability and the institution of exemption from legal liability have been established.
Referências
Baulin, Y.V. Legal liability: problems of exclusion and dismissal. the team of authors. Donetsk: PE "VD Kalmius", 2013.
Bazylev, B.T. Legal Responsibility (Theoretical Questions). Krasnoyarsk: Krasnoyarsk University, 1985.
Belyaev, N.A. Criminal law policy and ways of its implementation. Leningrad: LSU, 1986.
Bilozyorov, E.V. Gida, E.O., Zavalny A.M. Current issues of the theory of state and law. Kyiv: Private entrepreneur O.S. Lipkan, 2010.
Endoltseva, A.V. The institute of exemption from criminal liability: problems and ways to solve them. Moscow: UNITY – DANA; Order and law, 2004.
Golovko, L.V. Alternatives to Criminal Prosecution in Modern Law. Moscow: Legal Centre Press, 2002.
Golovko, L.V. Principles of inevitability of responsibility and publicity in modern Russian criminal law and process. State and Law, 1999, 3: 61-68.
Ivanenko, O.V. The essence of legal responsibility and the role of law enforcement agencies in its provision. Kyiv: Kyiv National University of Internal Affairs, 2007.
Korelsky, V.M., and Perevalov, V.D. Theory of state and law. Moscow: NORMA-INFRA, 2000.
Kudryavtsev, V.N. Law, deed, responsibility. Moscow: Nauka. 1986.
Lazarev, V.V. General theory of law and the state. Moscow: Yurist. 1999.
Lypynsky, D.A. Forms of realization of legal responsibility. Togliatti: VUiT Publishing House. 1999.
Malko, A.V. Theory of the state and law in questions and answers. Moscow: Yurist, 1997.
Matuzov, N.I. Human rights and general regulatory relations. University News. Jurisprudence, 1996, 3: 42-46.
Medvedev, S.V. Exemption from legal liability in the Russian state: (Theoretical and Practical Aspects). Nizhny Novgorod: Nizhny Novgorod Academy of the Ministry of Internal Affairs of Russia, 2005.
Mironenko, M.B. Principles of legal responsibility in the system of principles of law. Saratov: Samara State Academy. 2001.
Molodtsov, A.S., and Blagov, E.S. About the norm of criminal law and the principle of inevitability of realization of responsibility for the committed crime. In Problems of Inevitability of Responsibility in Criminal Law and Process: A Collection of Scientific Works (pp. 36-42). Kaliningrad: Kaliningrad University, 1984.
Oborotov, Y.N. General Theoretical jurisprudence. Odesa: Phoenix. 2011.
Onishchenko, N.M. Normative tactics as a component of state and legal policy. Bulletin of the Ministry of Justice of Ukraine, 2012, 4(126): 37-42.
Pomogalov, A.V. The inevitability of legal liability as a principle of legality. Moscow: Moscow University of the Ministry of Internal Affairs of Russia. 2007.
Shevchenko, A.Y., Solovyova, V.V., Strelnik, O.L. Circumstances precluding legal liability. Donetsk: Southeast, 2011.
Shevchenko, A.Y., Starostyuk, A.V., Karmalita, M.V. Theory of state and law. Vinnytsia: Nilan Ltd, 2015.
Shevchenko, A.Y., Strelnik, O.L. Restorative function of legal responsibility. Public Law, 2012, 4: 269-275.
Shevchenko, A.Y., Topchiy, V.V., Kudin, S.V. Current issues of the theory of state and law. Irpin: SFS University of Ukraine. 2016.
Sobolev, V., and Potapenko, S. Fear of acquittals: its roots. Russian Justice, 1989, 10: 8-19.
Vanteeva, N.V. Principles of legal responsibility (Structural and Logical Analysis). Yaroslavl: Yaroslavl State University P. G. Demidova, 2005.
Vasilieva, E.G. Coercive measures. Ufa: BashSU, 2003.
Yeleonskyi, V.A. Criminal punishment and education of positive responsibility of the person. Ryazan: Publishing house of the RHS of the Ministry of Internal Affairs of the USSR, 1979.