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The article examines the structure of the legal liability concept, genesis of the relevant institute of law. It can be traced from various sources, for example: from legal systems, moral principles, etc. Legal systems are the basis of any properly organized societies, a set of interdependent and coordinated legal means and social relations. There are: the national legal system of Ukraine, the supranational legal system of the European Union, and the religious systems. Moral principles are the basic foundation of the idea of general human behavior, on which the principal, most important moral norms are based, and the spirit of the law and its letter are derived from these norms. Liability in law is defined as the application of state coercive measures to the guilty person for the committed offense. It is considered obligatory to have negative consequences for the offender. However, according to this definition, the process of restoration of the violated right is not provided, which is crucial. Liability must cause legal damage, burden the offender as a means of education and is by no means limited to the forced fulfillment of a single obligation that he or she did not voluntarily fulfill for some reason. The author also surveys the term «constitution» in different periods of its use. Its historical origins, in particular, in the Ancient World are exemined. Also, among other things, the author considers the question of the origins (sources) of not only legal but also other types of social liability. The considered documents are: Athenian Politics, Corpus Juris Civilis, constitutional acts of Great Britain, Apostolic (Papal) Constitutions, etc. The main conclusions of the study are as follows: The sources of both legal and other types of social liability are weighed. The author offers his own comprehension of the public-private approach to the constitutional liability institute and a periodization of the constitutional tort (delict) understanding in Ukraine. It is emphasized that the Ukrainian doctrine, its approaches and vision differ from the approaches used in the USSR or currently used in the Republic of Poland or other EU Member States.
А.С. Григоренко (Wed,) studied this question.