On the question of the correlation of the concept of “measure of negative (retrospective) legal liability” with related categories

Within the framework of this scientific article, the author conducts a comprehensive analysis of such a legal category as a measure of negative (retrospective) legal liability. Attention is focused on the problematic aspects of determining the measure of negative (retrospective) legal liability, caused by the identification in a number of scientific works of this concept with the sanction of a legal norm and a measure of state coercion, which raises doubts in the author and is refuted by the arguments presented in the article. In addition, the relationship between the concepts “measure of negative (retrospective) legal liability” and “measure of punishment” is analyzed, and arguments are given to argue that the concepts under consideration differ only formally and legally, but not meaningfully. Moreover, the author pays special attention to the question of what measures enshrined in legislation can be recognized as measures of negative (retrospective) legal liability and whether the very common point of view today is acceptable, according to which other measures of a criminal legal nature (forced measures of a medical nature, confiscation of property, a judicial fine), measures of compulsory educational influence, as well as cases of a guilty verdict without imposing punishment can be classified as measures of negative (retrospective) legal liability.