In the scientific world there is no single interpretation,interpreting the notion of legal responsibility. Types of legal responsibility are the basic institutions that are part of the system of national jurisprudence, acting as the main determining factors of various legal relationships. Therefore, each author proposing the definition of the term places emphasis on those points that he considers important.
The most common definitionof this concept is a measure of coercion as a corresponding reaction of the state to a perfect tort. 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.
However, some authors identify the term withdirect punishment for a 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 fairly common opinion, formed relatively recently, one can name the following position of lawyers: the concept and the main types of legal responsibility are a phenomenon of a general social type.
Given several options for determining thisconcepts, you can partially combine them and note that a number of basic moments are laid in the circle of the indicated term. Firstly, this application to the offender 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- 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 responsibility, its types, also imply condemnation of the criminal acts on the state and public level.
It is also worth noting that the duty itselfcan not be equated with legal responsibility. Being 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.
The perfect crime and the one that came after himlegal responsibility (the concept, characteristics, its types require more detailed consideration below) can not be identified with a general social and legal responsibility. A sense of duty, guilt in relation to the law also can not explain the meaning of this 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 outlook and underdeveloped civic positions.
Для того чтобы наступила юридическая responsibility, 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 legal figures, such delicts are called a general concept - an offense.
The concept of offense and types of legalresponsibility are directly dependent on each other, since the composition of a crime or less significant tort is an entire system of elements and objective, subjective attributes. 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 specific 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 vary for the person-offender, depending on the need to involve the latter in the legal responsibilities.
The grounds for legal liability depend largely on the composition of the crime, which consists of the following elements:
1. The object of legal tort.
2. The subject of the offense.
3. The objective side of legal misconduct.
4. The subjective side of the offense.
The important point here is that whenthe absence of at least one clause bringing to legal responsibility is impossible. Only the full corpus delicti is capable of generating this type of responsibility. In addition, legal misconduct or tort is not only the basis for the emergence of responsibility, but also a peculiar reference point indicating the emergence of a specific legal fact.
Concept, objectives and types of legal liabilityare 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. Neither the judicial nor the administrative body will do this.
Государственное принуждение также не является derived from such a basic position as the concept of legal liability. Types of legal liability in any case involve certain hardships that the offender must endure. Despite the mandatory inclusion in the meaning of the term of measures of state coercion, its meaning does not imply the application of these measures. It is easier to say a little differently: any responsibility can be called the obligation to test coercion in the event of sanctions of specific legal norms.
Кроме того, назвать полностью взаимосвязанными these two concepts are also impossible, because the practice remembers many cases when there was a legal liability, despite the fact that no measures of state coercion were taken.
A striking example is the expired statute of limitations, in which case the offender can be released from punishment in case of late detection and recognition of legal liability.
Powerful evidence that twoThe fundamental terms of the legal sciences have nothing in common; another moment is considered. Coercion by 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, a medical examination of the state of alcohol intoxication, requisition and much more are required to carry out while the legal responsibility has not yet come.
Поскольку прекращение юридической ответственности leads to the completion of the relevant relations, it can be concluded that it exists at all stages of their existence. Legal relations arise and develop in the event of an offense, which is the main reason for this.
In real life, without causal factors can notno enforcement action will be taken. In this sense, the notion of legal responsibility becomes the defining position. The types of legal liability depend both on the signs of its manifestation and on the specifics of their implementation and regulation.
The stages of classification in modern science quite a lot. Among the main criteria that determine the species affiliation of legal responsibility are the following:
The latter has received the most common use in literature, textbooks and at the legislative level.
Deserves more detailed consideration of each of the above points.
The simplest type of legal liabilitydefinitely is a tangible one. As a rule, it occurs in the event of damage to the property of an institution, organization, enterprise by its employees. Damage and destruction is measured in monetary terms, which is executed in the form of a fine and is collected from violators. The administration of the institution is obliged to draw up a corresponding order. After reimbursement of all losses, the legal relationship is terminated.
As a result of misconduct in the academicinstitution, at the enterprise, during the passage of military service and in other cases may incur disciplinary action. This type of responsibility is fraught with consequences in the form of official punishment, a kind of which is generally considered a warning, a reprimand. In extreme cases, dismissal is possible.
Legal responsibility, concept, composition,the types of which help to understand the meaning and role of this legal institution are in a separate group if they possess signs of a public danger. We are talking about administrative liability that arises in the event of a misdemeanor. The most common coercive measures accompanying administrative legal relations are fines or other legal restrictions.
Be administratively liablecan only public entities. Legal relations arising between a citizen and a state or a legal entity proceed strictly in the procedural form. The first document that lays the beginning of the administrative proceedings, consider the protocol on administrative violation. Depending on the corpus delicti of the offense and the severity of the offense endangering public safety, a personal search, seizure of things or documentation, administrative arrest can be applied to the violator.
Considering the institutions of coercion andresponsibility, it is extremely important to know their concept, types. The functions of legal responsibility are most noticeably reflected in the sphere of civil law relations. This type of liability occurs in the so-called property law, including for causing harm to a person or property by non-fulfillment of the contract.
The purpose of civil liability is in two main aspects: the restoration of violated rights and compensation for damage, compensation.
As with administrative liability, civil law is inherent in the rigor of the procedural rules. Civil record keeping is the field of activity of general courts.
The most difficult type of legal liability can be called criminal. It is foreseen in the case of committing crimes, i.e. delicts that carry a huge threat to society.
