Saturday, December 20, 2014

Types of legal liability

They are separated by just as differentiate types of offenses. Allocate nine kinds of legal liability (classified by industry sector). Consider, depending on their severity.
Criminal liability for an offense under criminal law. It is characterized by the most severe sanctions, including imprisonment or even the death penalty. Criminalizes only the law and is used exclusively in the courts. The procedure of imposing extremely detailed. This is due to its special repressive and the desire of the legislator to pre-empt the smallest possible error on the part of law enforcers.
Administrative liability is provided for administrative offenses, ie. A. For non-traffic rules, public order, environmental protection, hygiene and sanitation, and others.
Administrative sanctions less severe than criminal, but at the same time they are able to deliver tangible adverse consequences for the offender (eg, arrest, suspension, fines, confiscation of objects, deprivation of special rights). Administrative liability for offenses that from the point of view of public danger border crimes (eg, violation of traffic rules, resulting traffic accident, disorderly conduct, petty theft, disobeying a police officer and others.).

Disciplinary responsibility should be in breach of duty. They can be installed as the LC RF, internal regulations, job descriptions, operating in enterprises, institutions and statutes, rules, regulations, addressed to specific categories of workers (such as civil aviation workers or soldiers). Disciplinary sanctions (remark, reprimand, deprivation of bonuses, demotion et al.), Although not as severely affect the legal status of the individual or her well-being, however, can significantly diminish the honor and dignity of the worker, affect the respect for him that has a certain educational effect and prevents the commission of further misconduct.
A Financial liability associated with damage caused by employees. The fact of being in the service and the performance of their job duties in the interests of the company as it softens his fate: he is obliged to compensate the damage is not the full amount, and the amount of their monthly earnings, if the damage was caused by negligence.
Civil liability otherwise referred to as the responsibility of the estate. It is used for the commission of the tort, the essence of which is causing financial or moral harm to individuals, organizations with whom the offender is not in labor relations. Civil liability is An obligation to make amends for citizens and organizations to property or pecuniary damage. Damage is compensated in full, regardless of the application of other measures of legal action. For example, criminal prosecution does not exempt a person from the obligation to compensate for the damage, as well as, indeed, an administrative fine not cancel his duty to repair the damage in the area of ​​property affected by the administrative offense.
Financial responsibility is incurred for acts committed in violation of rules for handling financial resources. Such rules are set by the government in order to be able to deal with common matters that require material expenditures and financial resources. Financial sanctions quite noticeable. This collection of unpaid or hidden taxes and fines, and seizure of bank accounts, and others.
Family responsibilities imposed for offenses, family who are very diverse in nature. Feature of family responsibility is that it applies only for family offenses constituting a certain "critical mass" defined offended party in family law. Family sanctions less diverse than family offenses, but some of them may have even break event, for example, termination of parental rights, and others.
Constitutional responsibility is expressed most often in the abolition of regulations that contradict the Constitution, but not only (the impeachment of the president, the dissolution of Parliament and others.).
Procedural responsibility rests for violations of the legal order of passing the case to law enforcement officials, but mostly for violation of the rules of law, justice, and in particular the conduct of the trial. Range of procedural sanctions is quite wide: from a warning to removal from the courtroom, from fines to force the drive and maybe arrest, for example, a witness for giving false testimony.
Other measures of state coercion (protection)
Legal responsibility is an important, but just one of the types of state coercion. Along with her views of state coercion recognized preventive measures exposure preventive measure measures.
Preventive measures the impact can be divided into measures used to prevent possible offenses (check identity documents, inspection of baggage, cargo, administrative supervision of persons released from prison, et al.), And measures to ensure public safety, disaster disasters, accidents, accidents (suspension or restriction of movement of vehicles and pedestrians, termination or restriction of access to the object subjected to an accident, and so on.). These measures are preventive in nature. Coercion is manifested in the fact that it is carried out without the consent of the persons required to submit the prescribed action or to refrain from any action, and, moreover, that they limit the rights of people, although used by the authorized bodies and officials.
Preventive measures aim to stop illegal and prevent new ones. They must be operational and implemented for the benefit of society, the state, or in the interest of a potential offender (place in a medical detoxification center, a psychiatric hospital, the use of firearms, and others.). Sometimes preventive measures violate the physical integrity of citizens, as is the case when using sniffer dogs, hardware (truncheons, gas, water spray, handcuffs and so on. N.). Preventive measures are very diverse. Besides those already mentioned, these include the drive to the police and an official warning to persons engaged in anti-social behavior, seizure of property (such as knives, seals, stamps and so on. D.), Administrative detention. Unfortunately, most complete in a matter of settled law on administrative detention.
Measures are applied for offenses that have a minimum degree of public danger, or acts constituting a certain legal anomaly, a slight deviation from the normal rule of law, can not be given the nature of the offense. Protection measures consist in the fact that a person is forced to perform the duties lying on it, which it previously had to be fulfilled, but for some reason are not fulfilled. For example, the removal of the things on the basis of the claim vindikapionnogo, recovery borrow a sum of money, invalidation of the transaction with the return of the parties to the original property, reinstatement of illegally dismissed, recovery of sums wrongly paid to the employee (travel, etc.).

Delineation of legal liability and other types of state coercion is important because it allows us to choose the most suitable and effective means of public response to protect the interests of the individual, the state, society.

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