Kruglikov, L.L. Definition, bases and types of differentiation of responsibility for crimes and other offences

Abstract: The article provides the definition of differentiation of legal responsibility, regarding the matter of its types, discussing the problem of its bases. Special attention is given to the goal of guaranteeing the succession of various types of responsibility in law, provision of demarcation lines between them by the law. The author understand differentiation of legal responsibility as establishing its various types (forms) by the law depending on the most typical characteristic features, providing for general characteristics of various groups of offences. The basis for the interdisciplinary legal differentiation is first of all the character of danger of the relevant type of behavior or the character of its public danger, harmfulness. In this respect, there is need to follow certain rules, including succession in the process of interdisciplinary differentiation, including the sphere of legal responsibility. From the “vertical” standpoint, the article singles out the following types of responsibility differentiation of the Criminal Code of the Russian Federation: a) legal; b) interdisciplinary; c) within a single branch of law (criminal law, criminal responsibility); d) institutions of criminal law; e) within a group or sub-group of norms; f) within a specific norm. Within a branch of law, it is acceptable to differentiate among: 1) the bases for legal responsibility; 2) forms (types) of responsibility; 3) amount of criminal responsibility and criminal punishment.

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