Functions and objectives of legal liability

Let's talk about what is legal responsibility. This concept is quite difficult for an ordinary citizen. What is the significance of it? These are, first of all, measures and methods of state influence on the offender. For their actions citizens are responsible to the law. And also before the society. This is a moral aspect (conscience). In this article we will talk about what is legal responsibility. The concept, goals, principles of these legal relations will be examined by us in all details. So...

Positive and retrospective responsibility

There is a notion of positive responsibility. One can say that it is the need to comply with legal norms, to be responsible for their misdeeds and deeds that a person may commit in the future. Along with this, in jurisprudence, a retrospective responsibility is singled out. It is imposed already for the committed deeds. That is, this application to the violator of measures of state influence, legal sanctions for the offense.

There is a kind of relationship between the state and the guilty citizen, in which the first party in the image of the relevant bodies can apply punishment to a person in order to restore law and order. The perpetrator, in turn, must be convicted, and therefore deprived of certain benefits, which entails negative consequences. Which ones?

Consequences of legal liability

The consequences can be different:

1. Personal (for example, imprisonment or execution).
2. Property, such as, for example, fines, confiscation of property (full or partial), etc.
3. Prestigious. This includes reprimand or deprivation of any awards.
4. Organizational (deprivation of office, closure of the organization).
5. A combination of consequences is also possible.

General concept of legal liability

Legal responsibility is usually compulsory-state nature. It is necessarily connected with deprivation, which means that it is accompanied by the infliction of certain damage on the guilty person, threatens with the restriction of some freedoms and interests.
State actions in the field of coercion are carried out strictly by law. Subjects of legal responsibility are the court, the police, the prosecutor's office and other institutions dealing with the investigation of offenses. The responsibility can be imposed only if certain conditions exist: unlawfulness of actions, proven guilt, harmed, causal relationship between act and result.

Thus, the legal liability:

1. It is based on state coercion (this is a form of imposing sanctions on legal norms).
2. Comes after the commission of the offense, has a public discussion.
3. Expressed in the offensive negative consequences for the offender, which are mandatory for him, and which were not before the commission of an offense. Deprivation can have a personal and property character.
4. Performed in procedural form.

Legal responsibility: concept, attributes, goals

We have analyzed the very concept of this kind of legal relationship, and now let's talk about the signs.

Legal liability:

1. It is imposed only for those actions which are regulated by legal norms.
2. It comes only for those acts that are committed, and not for intentions.
3. It is imposed by certain state structures.
4. Provides forcing the perpetrator of the offense to perform duties.
5. For the same offense a person answers only once.

All these signs are mandatory. In the absence of even one of them, it is said that there is no legal liability.

Principles, functions, objectives of legal responsibility

Responsibility - the need to accept the offender in advance prescribed by the state sanctions in the prescribed manner. Its social necessity is reflected in the functions. Functions and objectives of legal responsibility are an integral part of jurisprudence. Let's pay special attention to this issue.

So, there are following functions of legal responsibility:

1. Punitive (it is also called a penalty). Its purpose is to prevent the repetition of such actions in the future, to commit an act of punishment for the deed.
2. Restorative (to compensate for losses, restore the violated right, etc.).
3. Educational, which is a means of preventive work with violations.
4. Security - it monitors the correct operation of the machine of legal regulation, being at the same time an element of regulation, one of many means of influencing social and social relations.
5. The protective. Acts as a means of protecting and protecting law and order in the state.
6. Privately proprietary. The use of measures against the offender prevents him from committing such acts in the future.
7. Common prevention. The punishment of one citizen is the prevention of offenses from other members of society.

As can be understood from the above, all functions of legal responsibility are equally important and are conditioned by the purposes for which it is carried out.

Principles

Specialists in the field of legal relations point to the fact that the principles, functions, objectives of legal responsibility are closely intertwined with each other. Moreover, these concepts can not exist separately. We will not argue with professionals, just try to make sure, let and theoretically, whether this is so. We have already considered two points, we proceed to the third.

Principles of legal responsibility, defining its norms and limits, are many. Among them, the main ones are:

1. The principle of legality. It consists in the precise and unswerving execution of the requirements of the law in the implementation of criminal, civil, administrative, disciplinary responsibility. Compliance with these requirements is a prerequisite for achieving the objectives of this kind of legal relationship.
2. The principle of guilty responsibility . This means that if a citizen could not foresee what the results of his actions would be, and did not want them to step in, could not manage their actions, then legal responsibility does not come.
3. Justice . The person who committed it is responsible for the wrongful act. At the same time, one can punish the guilty for the same act only once, and with the appointment of punishment, the severity of the crime must be taken into account. The law establishing responsibility or strengthening it can not have retroactive effect.
4. Individualization . It gives the opportunity to choose different means of legal influence, taking into account the level of social danger of the acts, character and personality of the accused, mitigating and aggravating circumstances.
5. Irreversibility . Assumes an unequivocal offensive, the inevitability of responsibility. Here it is even not so much about mandatory sanctions against offenders (to the elderly, children, pregnant women, the application of measures is not always appropriate), but rather the unequivocal reaction of the relevant bodies and officials. The offense must be read out, and the offender shall be censured and convicted by law enforcement agencies (with regard to the above-mentioned persons, the punishment may be suspended or applied conditionally).
6. Early legal liability . This principle says: if the period between the offense and the onset of punishment for it is quite large, the sanctions may be irrelevant, do not make sense, do not meet the current social requirements.
7. Reasonableness . All facts on the case, which are important in the legal sense, must be established.
8. Feasibility . According to the norms, a punishment is chosen that will correspond to the essence of the law and those circumstances in which the offense was committed.

Aims of responsibility

As already mentioned, the functions of the legal relations we are considering are determined by their goals, and therefore they are interrelated. So, go to the next item of our topic. What are the objectives of legal liability? Just want to notice that there are several. However, they all have something in common. What exactly? The main objectives of legal responsibility are to bring order to society, punish the perpetrator and, of course, restore justice. Now let's discuss all these points in more detail.

In general, for a deeper disclosure of the topic "Legal responsibility: signs, goals," we should begin by considering the role of such relations in society. Still N. Wiener wrote that while society itself does not determine what it wants for offenders - isolation, redemption, education - there will be confusion and confusion, in which one crime breeds another. The objectives of legal responsibility, therefore, is to represent the ideal model of the subjects of society about the results of their actions. It is they who determine the nature of actions aimed at achieving them. But here there are some nuances.

First, I must say that legal responsibility is imposed to punish the offender in order to restore justice. Of course, the principle of "an eye for an eye" has long gone, but the idea of reckoning for committed acts exists; Naturally, the punishment depends on the severity of the offense.

Secondly, the goals of legal responsibility are also included in the re-education of the offender, as well as in carrying out work to prevent this offender from committing misconduct in the future. After returning from places of detention or after paying a fine, a person remains in society and continues to live and work. The society itself is interested in the fact that in its ranks there was a person not embittered by punishment, but who realized his own guilt.

Thirdly, legal responsibility is also applied in educational purposes to all those around them in order to prevent illegal actions on their part. Otherwise, they can be punished and deprived of personal benefits.

Fourthly, this responsibility is aimed at restoring the condition of the victim, for compensation of material losses and moral harm.

Thus, the goals of legal responsibility are to preserve the existing way of life in society and the norms of law and order.

Types of legal liability

We examined what legal responsibility is. The purpose and its types are inextricably linked. The degree of responsibility and penalties always depend on the gravity of the offense itself. Next, consider the types of legal liability.

1. The criminal . It comes only for a crime. To bring to criminal responsibility is the prerogative of the court. And only this body determines the measure of punishment.

Crime is defined as socially dangerous acts, which are described in the Criminal Code. In Art. 14 of the Criminal Code gives a clear definition of this concept. For him, the most severe coercive measures are provided, which seriously limit the rights of a citizen found guilty (deprivation of rights and freedoms, considerable periods of work, fines). At the same time, a person can be held responsible not only for actions that have already been committed, but also for complicity, attempt, preparation. A person is convicted of a crime only by a court, he also sets a penalty, according to procedural norms (see the Criminal Code of the Russian Federation). The bringing of the verdict into execution is regulated by the criminal-executive laws. Persons who have served a sentence still have a conviction. In this case, measures of legal responsibility: the death penalty, deprivation of liberty, etc.

2. Administrative . Comes for violations of public order. The law says that administrative punishment is a measure for committing a wrongful act, an offense. It is used to prevent new offenses by the offender himself and other people. Its goal can not be causing suffering, harming the reputation of a citizen. For the commission of such offenses, the following measures are envisaged:

• a warning;
• Fine (administrative);
• The seizure of the object of committing an unlawful act;
• Confiscation of the instrument of the offense;
• Deprivation of the rights of an individual;
• Arrest (administrative) ;
• Suspension of activities (administrative);
• disqualification.

In respect of legal entities, the measures specified in paragraphs 1-4 apply. According to the general rules, the penalty for administrative violation can be imposed no later than two months after the offense was committed. Penalties and bodies authorized to consider such cases, proceedings on them and the procedure for the implementation of judgments in the case, are determined by the Administrative Code.

3 . Civil . It is used for non-observance of property rights. For example, failure to comply with the terms of contracts, damage to property or enterprise, the signing of an illegal transaction, non-observance of copyrights, etc. The main penalty - compensation for damages, restoration of violated rights,

4. Disciplinary . It is a consequence of a violation of military, official, educational, labor, discipline. For misconduct, or rather, failure to perform or poor performance of the employee's duties, the employer can apply such types of punishment: remarks, reprimand, dismissal on certain items. Some other categories of employees may be subject to other penalties, according to federal legislation. Penalties that are not specified in the Labor Code of the Russian Federation are inadmissible.

An employee may appeal the penalty in a state labor inspectorate or in organizations considering individual labor disputes.

5. Material . Arrives for damage to the employer. As a rule, it is limited by the size of the average monthly income of the employee. In full, it can be assigned to the employee only if the offenses committed by him are specified in the LC RF art. 243 or other laws of the Russian Federation.

Employees who are under eighteen years of age may incur full punishment only if they intentionally inflict material damage, or when doing harm in a state of drug or alcohol intoxication.

The peculiarity of material and civil liability is that damage can be compensated voluntarily by those who inflicted it, and in case of refusal - in court.

Thus, the main objectives of legal responsibility are the protection of order and the restoration of all violated rights.

Equity and legal responsibility

The problems of legal liability are among the oldest in the legal literature and are among the eternal and relevant at all times. The concepts of legal responsibility and justice are very closely interrelated.

It is believed that justice is one of the eternal values of law. This problem is currently the main one in the philosophy of the above-mentioned category of social relations. Even in the time of Cicero, this topic was considered from the point of view of revenge for some actions.

The reason for bringing to justice can only be an offense. To implement it, you need a special document, an act that contains information about the forms and amount of penalties applicable to a particular person. This can be both a court verdict, and a decision of the boss. If the reasons for the exemption from liability, which are provided for by law, are not specified, then the offender will face serious punishment.

A just attitude toward someone or something requires impartiality. The law is obliged to affirm the equality of people and to have the support of most citizens. Then he will be just, and his violation will be a violation of justice. In this case, legal liability is its protection and guarantor. Criteria for choosing a fair punishment are the degree of social danger of the offender, the amount of guilt, the circumstances of the case (mitigating or aggravating) and, of course, the culprit. Absolutely all the nuances of the incident must be taken into account by the judge in the consideration of the case.

According to the Constitution of the Russian Federation, justice is administered only by the court. The judicial power includes such types of legal proceedings: administrative, criminal, arbitration and civil law. And how to define the concept of justice in general? These are acts aimed at resolving social conflicts on the basis of legislation. And in a simpler interpretation of justice - the work of courts to review civil, administrative, criminal cases on the basis of fair law. The judiciary, in fact, performs the functions of justice, control of legality, the applied coercive measures, confirms facts that are important in the legal sense. Since its inception, it is inextricably linked with law, while having a legal form of expression. And the right, in turn, gives the authorities stability. On its basis, the judiciary performs its functions.

Before the law, everyone should be equal. Responsibility for misdemeanors can not depend on the material situation of the citizens who committed the act, on their nationality, party spirit, or religion. If this is done, then there will be prerequisites for justice. The law must be fair. However, modern realities are far from this. The problems of legal responsibility lead to non-observance of the principle of justice.

Lawmakers do not take into account many objective aspects before the adoption of next changes and amendments. Often the sanctions themselves are not entirely adequate. Hence we have the growth of crime. In the absence of a prompt and correct reaction from the state to the offenses, their growth is even greater. What is said about the crisis of justice.

Instead of an afterword

Within the framework of the topic: "Functions and Objectives of Legal Responsibility" we considered the very concept of this kind of legal relationship. Historically, legal liability arose as a means of protecting property. The task of the state was to protect the possessions from encroachment by imposing bans with the application of punishment to violators, as indicated in the legal acts of those times. So, the concept and goals of legal responsibility existed even then. Undoubtedly, they underwent changes, but the very essence remained the same.