To the question of the genesis of a legal duty

Understanding the concept of legal duty, its role and place in the life of modern society is impossible without recognizing how it was formed, what factors influenced its creation, development, diversity of types, methods of implementation and content. The history of the origin, formation, and development of legal duty deserves special attention in legal science, as the origins of human duties, which later transform into legal ones, can be traced back to the early stages of social life. Simultaneously with the birth of humanity, there is a need to regulate social relations between members of primitive society. In the process of gradual development, primitive society begins to establish certain rules of behavior, which relied on the traditionality and customary nature of certain actions. Such rules were mostly prohibitive in nature, endowed their addressees primarily with duties in the form of taboos, had a collective nature and did not provide for the need for their awareness by members of society or justification, that is, were taken for granted. Gradually, members of such a society developed ideas about desired behavior, the achievement of which was again conditioned by the establishment of certain duties. At the same time, individuals mastered the ability to be responsible to primitive society, to refrain from undesirable actions and, conversely, to choose the most socially useful behavior, which again indicates the gradual development of duty as a measure of proper behavior. Based on this, it can be argued that the history of legal duty begins with the emergence of archaic forms of society. Later, the state is formed, in which duty acquires specific properties, is provided by the apparatus of coercion in the hands of the state, claiming the role of the main regulator of social relations, thereby displacing a number of other social regulators. In the process of statehood development, the legal obligation is transformed, acquiring new features and receiving new approaches to its interpretation. That is why we consider it is expedient in this research to investigate certain aspects of the process of the genesis of a legal obligation, including focusing attention on modern patterns of its development, which made it possible to reach certain conclusions. Among other things, we can state insufficient attention to legal obligations, first of all, at the international level. This, in turn, can potentially create obstacles to the effective and full realization of fundamental human rights, since duties are a guarantee of the observance and realization of human rights. In order to properly develop the category of legal obligation in the near future, it is necessary to review the practice of its consolidation and interpretation, both at the national and international levels. In addition, an effective tool in the course of strengthening the position of legal duty and increasing its role will be educational activities within society, with an emphasis on the undeniable importance of the duty to realize the fundamental human rights.