LawState and Law

Ignorance of the law is not an excuse. What is the responsibility for breaking the law?

The system of law has arisen in society as an objective necessity, it gives it the necessary stability and allows each person to be sure of protecting their rights from various kinds of encroachment. This is the responsibility before the law.

The basic principle of modern legislation

Legal reality did not always exist, it passed a long period of formation, development and changed according to the dictates of the times. The modern legal system is characterized to a large extent by a humanistic orientation, in particular, in many countries of the world there is no such penalty as the death penalty. The legal doctrine of a developed state regards a person as a partner. According to her, all the institutions of the country recognize natural human rights, and they are enshrined in all legislative acts, including the Constitution. In turn, the state expects from each citizen a respectful and respectful attitude to the adopted regulatory and legal acts. But no matter how humanist the modern law is in its essence, it is called upon to react toughly to all offenses. Therefore, even ignorance of the law does not absolve from responsibility.

The formation of law as a social regulator

After a short digression into the depths of history, one can be sure that the responsibility for breaking the law was sometimes very cruel. Basically, this refers to quite distant from us epochs. The thing is that this state tried to keep the population in obedience, the basis of which was fear. Then the same principle also acted: ignorance of the law does not absolve from responsibility. However, in those times the crimes committed were sufficiently obvious, and therefore he did not have such an important legal aspect as now. The basis of ancient justice is morality. These social regulators had practical application in all spheres of social relations, therefore, during the formation of the legal system, they helped people to absorb the most important principles of the community. Because there were always temptations, and morality only condemned the different negative aspirations of people, but actually did not impose a real punishment.

"Privileged right"

Then the leaders of the tribes, and then the entire privileged part of society, began to think about a more effective way of regulating social relations. So, with the emergence of the state appears and its integral part - the system of law. Initially, it was, in fact, of a pronounced class nature. For example, the first written set of laws of the ancient Russian state is a vivid proof of this. "Russian Pravda" quite clearly defended the interests of the propertied strata. At the same time, of course, the overwhelming majority of the population of Kievan Rus was not able to read, but ignorance of the law does not exempt from punishment any of the categories of residents of the East Slavic state. It was this that guided the princely tiuns and stewards. Naturally, the state defended all other groups of the country's population, but this was only a necessity for preserving power.

Evolution of sense of justice

As the social development has changed and the system of law, it has become increasingly democratic and liberal. In the period of the formation of bourgeois states in Europe, it underwent cardinal changes, this process can even be called a revolution of legal consciousness. The first brick of the future foundation of the rule of law was laid by the "Declaration of the Rights of Man and the Citizen" adopted in France at the end of the eighteenth century. Then for the first time natural inalienable human rights were legislated and recognized as such. Then there was a pullback and even an intensification of the punishing composite law in favor of the interests of the state with a clear disregard for human rights. This is very well observed in the example of Nazi Germany and the Bolshevik Union of Soviet Socialist Republics. Responsibility before the law was extremely radicalized, and unjustified cruelty was applied even on suspicion of disloyalty to state institutions. Normative acts are constantly changing, but nevertheless ignorance of the law does not relieve the citizens of the country of the Soviets from responsibility. But rather, it serves as an aggravating circumstance.

Humanism in the legal aspect

After the scrapping of the totalitarian political regimes, a kind of renaissance of social justice takes place. In all European countries, human rights and their observance were placed at the center of national legislation. Later, everyone in the countries of Eastern Europe and Russia appealed to the rethinking of legal values. This was due to the well-known processes that took place in these states in the late 80's and early 90's of the last century. The national legal system underwent a significant change in the regulatory framework. The humanistic basis of the legislation has been growing. However, the system of law itself remained unchanged. This, in turn, means the need for its existence for any state, regardless of the political regime and ideology that prevails in society.

Russian lawmaking

The modern legislative base of our country includes more than thirty branches of law regulating the whole array of social relations. Each of them is called upon to regulate only the various interactions of people that are peculiar to one or another sphere. The process of adopting the law goes through five consecutive stages:

  • Legislative initiative.
  • Discussion in Parliament.
  • Adoption of the law in the State Duma.
  • Adoption of a normative act in the Federation Council.
  • Signing and promulgation of the law.

Only after that it takes effect on the territory of the whole country. Also, when assigning punishment, lawyers operate with such concepts as legal capacity and legal capacity. In the first case, this means that every person has natural birth rights, which no one can deprive him of. In the second case, this means the ability to exercise their rights and duties by their actions, and if a person is recognized incompetent, then ignorance of the law absolves from responsibility. In all other cases, this is excluded.

The Russian legal system provides for various sectoral liability for violation of laws. Depending on the severity and public danger, the following types of penalties exist:

  • Administrative and legal.
  • Civil-law.
  • Disciplinary and labor.
  • Criminally-legal.

All these types of responsibility presuppose certain measures of influence on the part of the state and its bodies. The most severe is the criminal prosecution, in special cases the measure of punishment in this branch of law can be expressed in life imprisonment. However, in general, legal liability is very variable.

To summarize, it can be noted that law, undoubtedly, is an important part of any modern society. It is impossible to know the entire legislative base, therefore, one must be very careful in his actions, because ignorance of the law does not absolve from responsibility, and this is the true justice of the operation of legal norms.

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