Structural organization of legal obligation in modern legal doctrine: comparative analysis
Year: 2025
Type: article
Abstract: The article carries out a comprehensive theoretical and legal analysis of the structure of legal obligation based on the study of domestic and foreign scientific approaches. The relevance of the study is due to the cardinal transformations of the modern legal space, the need to rethink traditional legal categories in the context of globalization processes and the formation of a legal state in Ukraine. The conceptual approaches of the leading foreign legal schools are analyzed: the Austrian-German normative school (G. Kelsen), the Anglo-American doctrine (R. Dworkin, J. Raz), the French civilist tradition (M. Villet, F. Terre) and the Italian legal doctrine (F. Santaro-Passarelli). The domestic concepts of the structure of legal obligation are studied, presented in the works of O. Chornovol, I. Yurchak, L. Letnyanchyn, O. Karmanyuk and E. Dzhumurat. Common trends in understanding the structure of legal obligation are identified: recognition of legal necessity as a fundamental element, distinction between active and passive forms of implementation, inclusion of a security mechanism. At the same time, the absence of a single conceptual position on the inclusion of responsibility in the structure of obligation and the role of motivational factors is stated. Based on a comparative analysis, the optimal five-element structure of legal obligation is substantiated: the need to perform certain actions, the need to refrain from certain actions, the need to make demands on other persons, the need to respond to the legitimate demands of the authorized party and the need to bear responsibility for violation of obligations. The proposed structural model takes into account modern trends in the anthropology of law and the need for a balance between formal and legal aspects and socio-psychological factors of legal behavior. The results of the study can be used to improve the theoretical foundations of law, optimize regulatory activities and increase the efficiency of law enforcement practice in the field of implementing the constitutional duties of citizens.
Author: T. P. Popovych
Institution: Uzhhorod National University
Language: English
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W4412389849