The concept of legal liability

Legal liability is inextricably linked to the state , the rule of law , and the responsibility of the wrongful conduct of citizens and their associations. It has a state-coercive. Legal liability is always associated with certain deprivations, ie. E. The offender is accompanied by the infliction of negative consequences, exclusion or restriction of his personal, property and other interests.

Activities of States in the field of coercion is strictly regulated by law . The subjects of this activity court, prosecutors, police, administration of various government agencies that are specifically involved in the review of cases of violations.

For imposing liability requires a number of conditions: wine offender, the wrongfulness of his conduct caused harm to, a causal relationship between his behavior and matured unlawful result.

Legal liability is characterized in that it:

based on state coercion (this particular form of sanctions implementation of laws);

comes for the offense, and is associated with stigmatization;

expressed in certain negative consequences for the offender, is for him a new legal obligation, which did not exist before the wrongful act. and constitute a denial of personal, organizational or material nature;

embodied in procedural form.

Signs of legal liability

Legal responsibility has the following features:

occurs only for those acts that provided legal norms;

be imposed only for the committed actions, not thoughts or intentions;

imposed by the competent public authorities in the

certain legal procedures; to entail adverse consequences for the offender;

involves state coercion offender

to the execution of the law; comes about only once for the same offense.

These signs are mandatory legal liability, the absence of even one of them shows a lack of legal liability and allows to distinguish it from other legal and non-legal categories.

The basic principles of the legal responsibility for the offense - the legality and validity. Concretization of these principles which are common to all state law enforcement, are such special principles of responsibility, as the formula "without the law is no crime, no punishment," the proportionality of the crime (or offense) and penalties ( or foreclosure), the adversarial process, the right to the protection of the person to prosecute, the presumption of innocence of the accused and others, enshrined by law, constitution, human rights covenants.

Responsibilities and penalties depend on the nature of the offense. Distinguish responsibility:

criminal - comes exclusively for the crimes. Only the court can bring to justice and to determine its extent. Criminal penalties - imprisonment, the death penalty, etc .;

administrative - comes for offenses that violate public order or committed in public administration. Responsibly serve administrative penalties, among them - a warning, a fine, correctional labor, administrative arrest for up to 15 days;

civil - comes for violation of property rights - non-contractual obligations, causing property damage. Main measure of responsibility - damages;

disciplinary - comes for violation of labor, educational, military, service discipline. Sanctions on the offender - a remark, reprimand, dismissal, expulsion from school.

Criminal liability

K criminal liability incurred by persons accused of crimes. Called socially dangerous crimes Offences under the Criminal Code and relevant laws. Definition of the crime given in Art. 14 of the Criminal Code. Punishment for crimes apply - the most stringent measures of state coercion, significantly limiting the legal status of a person found guilty of committing a crime (deprivation or restriction of freedom, long terms of hard labor or deprivation of certain special rights, heavy fines and others.). Criminal penalties applied not only for the offense, but also for the attempt, preparation, complicity.

Found guilty of a crime and to sentence the court can only be assigned to it in the procedural form (see. The Criminal Procedure Code (Code of Criminal Procedure)). Serving the sentence is governed by special (penitentiary) legislation. After serving street convicted of a crime for a long time (depending on the seriousness of the offense) remains a criminal record.

Administrative responsibility

Administrative liability is imposed for an administrative offense. In Sec. 3 "administrative penalty" of the Code of Administrative Offences (CAO RF) stated that an administrative penalty is established by a State measure of responsibility for administrative offense and is used to prevent the commission of new crimes by both the offender and other persons (Art. 3.1).

An administrative penalty may not have to humiliate human dignity of an individual who has committed an administrative offense, or causing him physical suffering, as well as harm the business reputation of the legal entity.

For administrative offenses may be established and imposed the following administrative penalties:

warning;

an administrative fine;

compensated seizure instrument or subject of an administrative offense;

confiscation of the instrument or subject of an administrative offense;

deprivation of a special right granted to an individual;

administrative detention;

administrative deportation from the Russian Federation a foreign citizen or stateless person;

disqualification;

administrative suspension of operations.

With respect to the legal entity may apply administrative penalties listed in Sec. 1-4, 9 named list.

Administrative penalties listed in Sec. 3-8, set only the Code of Administrative Offences.

Administrative penalties as a general rule can be assigned no later than two months from the date of the offense. Administrative penalties, as well as the bodies authorized to consider cases on administrative offenses, the production of such cases and order the execution of judgments in the case of administrative violations of the Code are defined.

Disciplinary responsibility

Disciplinary liability is imposed for violation of labor, service, training, military discipline. For a disciplinary offense, ie. A. non-performance or improper performance of an employee due to his fault assigned to it work duties, the employer has the right to apply the following disciplinary actions:

remark;

reprimand;

dismissal on relevant grounds.

Federal laws, statutes and regulations regarding discipline for certain categories of workers may be provided and other disciplinary action.

Do not use disciplinary actions not covered by federal laws, statutes and regulations regarding discipline (Art. 192 of the Labour Code (LC RF)).

Disciplinary action may be appealed by the employee in the state labor inspectorate and (or) bodies to examine individual labor disputes (Art. 193 of the LC RF).

Civil liability

Civil liability for the tort occurs, ie for causing unlawful actions harm to the person or property of a citizen, as well as causing damage to the organization, the conclusion of an illegal transaction, the failure of contractual obligations, violation of property rights, copyright or inventors' rights and other civil rights. Torts involve the use of sanctions such as compensation for damage, forced restoration of the right, as well as other  sanctions.

Material liability

Financial responsibility of the employee for the damage caused to the employer, in most cases limited to between average monthly earnings of the employee. Financial liability in full of the damage may be vested in the employee only in the cases provided for in Article LC RF. 243, or other federal laws.

Workers under the age of 18 years shall be fully liable only for willful damage, damage caused by the influence of alcohol, drugs or toxic substances, as well as resulting from the commission of a crime or administrative offense.