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.).
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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