Traditionally idea of legal liability is limited with the past actions, so called negative liability. Even variety of ideas and tractates can be seen at the supporters of this approach. In the same time amount of studies of the positive liability is growing within recent decades. Even more – scientists have announced that the liability can be only positive and that the protection of subjective rights and legal interest is performed by means of state enforcement. In this article theory and conception found in scientific literature of the legal liability and that interprets it both positively and negatively is critically analysed as well as objective and psychologically – subjective base of legal liability is being researched and on such basis understanding of legal liability will be established. Specific indications will be separated; the totality and forms of implementation will be fortified.