Signs and concept of legal responsibility. Types of legal liability

In the scientific world there is no single interpretation interpreting the notion of legal responsibility. Types of legal responsibility are the fundamental institutions that enter the system of national jurisprudence, acting as the main determining factors of various legal relations. Therefore, each author proposing the definition of the term places emphasis on those points that he considers important.

The concept of legal responsibility

The most common variant of the definition of this concept is the measure of coercion as the corresponding reaction of the state to the perfect delict. Although this explanation has a broader meaning and is a legal responsibility. At the same time, the legal responsibility, the concept, the signs, the types of which come from the area of the offense, has a slightly narrower meaning.

At the same time, some authors identify the term with immediate punishment for a committed misdemeanor or crime. Others believe that the perception of legal responsibility as a kind of legal duty, the implementation of sanctions, etc. is a correct one. A rather widespread opinion, formed relatively recently, one can name the following position of lawyers: the concept and the main types of legal responsibility is a phenomenon of a general social type.

Comparison of the definition of responsibility with related concepts

Given several options for defining this concept, you can partially combine them and note that in the range of this term, there are several basic moments. First, this application to the violator of legal relations of the appropriate sanction, which, as a rule, is provided by the legal norm. Secondly, this is the most effective measure of coercion, carried out by the state. Thirdly, the notion of legal responsibility (types of legal responsibility including) is expressed in the form of personal, organizational or property deprivation.

It is a mistake to think that punishment and responsibility are absolutely equal concepts, because, in addition to the main punishment, there is an impact on the offender whose main goal is re-education. In addition, the concept of legal liability, its types, also imply condemnation of the criminal's acts on the state and public level.

It is also worth noting that the duty itself can not be equated with legal liability. As an independent element of subjective law, the term "duty" includes in its meaning independence from any responsibility. While impunity and irresponsibility are truly opposing sides of legal responsibility.

Signs of legal responsibility

The perfect crime and the legal responsibility that has come after (concept, signs, types of it require more detailed consideration below) can not be identified with a general social and legal responsibility. A sense of duty, guilt towards the law, can not explain the meaning of the term. However, for certain it can be said that the legal culture and the legal conscience of an individual are among the so-called prospective responsibility. It follows that legal responsibility is the result of an absent sense of duty, an irresponsible social and legal worldview and underdeveloped civil positions.

In order to be legally responsible, the concept, principles and types of which directly depend on the field of social and legal relations, it is necessary to commit a negative act. In the specific terminology of law-makers such delicts are called a general concept - an offense. The onset of legal liability is possible only if there is an offense or crime in the offender's actions. In any case, the offense consists of the objective and subjective side of the object of unlawful action.

Grounds for attracting

The concept of an offense and the types of legal responsibility are directly dependent on each other, since the composition of a crime or a less significant delict is an entire system of elements and objective, subjective features. Separately, each of the components of the offense can say a few words.

In order to characterize the offense in more detail, it is necessary not only to find out what has become the object of concrete encroachments, but also to identify the person participating in the offense or having committed this deed alone.

He is called the subject of the offense. Concepts, signs, types of legal responsibility (the reasons for its occurrence also play an important role) may differ for the person-offender, depending on the need to involve the latter in the legal duties.

Composition of offenses: subject, object

The grounds for the onset of legal liability depend in many respects on the composition of the crime, which consists of the following elements:

1. Object of legal tort.

2. The subject of the offense.

3. The objective side of the legal misconduct.

4. The subjective side of the offense.

An important point here is that, in the absence of at least one point, it is impossible to bring legal liability to justice. Only the full nature of the crime can generate this kind of responsibility. Moreover, a legal offense or delict is not only the basis for the emergence of responsibility, but also a kind of reference point that indicates the moment the emergence of a specific legal fact.

Constant legal liability

The concept, objectives and types of legal liability are directly proportional to the scope of the offense. However, at the same time, it should be remembered that it is impossible to create legal responsibility as such. This will not do either judicial or administrative authority. By making a concrete decision or reading the verdict, the state body involved in this matter does not generate something new. By his actions, he only ascertains the fact of having legal responsibility, makes a concreting parallel between her and legal sanctions, which provides direct realization of legal responsibility.

Communication of coercion and responsibility

State coercion is also not derived from such a basic position as the concept of legal liability. Types of legal liability in any case involve certain deprivations that the offender must suffer. Despite the mandatory inclusion in the meaning of the term measures of state coercion, its value does not imply the application of these measures. It is possible to say something simpler a little differently: any responsibility can be called a duty of testing coercion in the event of sanctions specific legal norms.

In addition, it is also impossible to name these two concepts fully interconnected, as the practice remembers many cases when there was legal responsibility, while measures of state coercion were not taken.

A vivid example is the expired statute of limitations, in which case the offender can be released from punishment in case of untimely detection and recognition of legal responsibility for him.

Punishment and responsibility in law

A weighty proof that the two fundamental terms of legal science have nothing in common is another point. Coercion from the state structures and legal responsibility, the concept, types, the bases of which are not based on the principles of punishment, are separate, mutually unrelated units. Quarantine, medical examination of the state of alcohol intoxication, requisition and many other things are obligatory for implementation, although legal responsibility has not come.

Since the termination of legal liability leads to the completion of the relevant legal relations, it can be concluded that it exists at all stages of their existence. There are and are developing legal relations in the case of an offense, which is the main reason for this.

In real life, without coercive factors, no coercive actions can be taken. In this sense, the concept of legal responsibility becomes the defining position. Types of legal responsibility depend both on the signs of its manifestation, and on the specifics of their implementation and regulation.

Types of legal responsibility

The stages of classification in modern science are quite numerous. Among the main criteria by which the species of legal responsibility are determined, the following are distinguished:

• State bodies that will implement the process of prosecution;
• Character of sanctions of legal norms;
• Functions of prosecution;
• Branch signs.

The latter received the most common use in the literature, teaching aids and at the legislative level. For this graduation, you can find several main types of legal liability:

1. Material.
2. Disciplinary.
3. Administrative.
4. Civil-law.
5. The criminal.

Each of the above points deserves more detailed consideration.

Material and Disciplinary Responsibility

The simplest kind of legal responsibility is the material one. As a rule, it arises in the event of damage to the property of the institution, organization, enterprise by its employees. Damage and destruction are measured in money equivalent, which is formalized in the form of a fine and is collected from violators. The administration of the institution is obliged to draw up an appropriate order. After compensation for all losses, the legal relationship also terminates.

As a result of violation of discipline in an educational institution, at the enterprise, during military service and in other cases disciplinary liability may occur. This kind of responsibility is fraught with consequences in the form of official punishment, a type of which is mainly considered a warning, a reprimand. In extreme cases, dismissal is possible.

Responsibility in administrative relations

Legal responsibility, the concept, composition, types of which help to understand the significance and role of this legal institution, is in a separate group if it has signs of public danger. This refers to the administrative responsibility that arises in the event of an offense. The most common coercive measures accompanying administrative legal relations are fine or other legal restrictions.

Only public actors can be brought to administrative responsibility. Legal relations arising between a citizen and a state or a legal entity proceed strictly in procedural form. The first document that lays the beginning of administrative records management, consider the protocol of an administrative offense. Depending on the composition of the offense and the degree of seriousness of the offense that threatens public safety, a personal search, seizure of things or documentation, administrative arrest can be used against the offender .

Civil liability institute of responsibility

Considering the institutions of coercion and responsibility, it is extremely important to know their concept, species. The functions of legal responsibility are most noticeable in the sphere of civil law relations. This type of liability occurs in the so-called property law, including for causing harm to the person or property by default of the contract.

The purpose of civil liability lies in two main aspects: restoration of violated rights and compensation for damage, compensation.

Like administrative responsibility, civil law is inherent in the strictness of procedural norms. Civil proceedings are the sphere of activity of general courts.

Responsibility in criminal law

The most complex type of legal liability can be called a criminal one. It is provided in case of committing crimes, i.e. delicts, which pose a huge threat to society. Among other types of criminal responsibility, the following distinguishing features stand out:

• A specific list of crimes, in the event of which this type of liability occurs;
• Compliance with criminal procedure law is a fundamental principle of the executive bodies;
• Mandatory availability of evidence base, documents that serve as a basis for announcing a sentence or closing a criminal case;
• Individual investigation procedure;
• Application of preliminary measures of restraint, which include arrest, a written undertaking not to leave the place , etc .;
• The likelihood of medical treatment being compulsory;
• The possibility of protection for the accused;
• Criminal cases are considered only by the court;
• Competitiveness and discussions throughout the process;
• Right to appeal review of cassation;
• A person who has served a sentence for a long time has a limited status.