In the scientific world there is no single interpretation that interprets the concept of legal responsibility. Types of legal responsibility are the fundamental institutions that are part of the domestic jurisprudence system, acting as the main determining factors of certain legal relations. Therefore, each author who offers a definition of the term focuses on those points that he considers important.
The concept of legal liability
The most common way to define this concept is a measure of coercion as the appropriate reaction of the state to a perfect tort. Although this explanation has a broader meaning and constitutes legal liability. At the same time, legal liability, a concept, signs, the types of which come from the area of the offense, have a somewhat narrower meaning.
However, some authors identify the term with direct punishment for a misdemeanor or crime. Others believe that the perception of legal responsibility as a kind of legal obligation, the implementation of sanctions, etc. will be correct. A fairly common opinion, formed relatively recently, can be called the following position of lawyers: the concept and main types of legal responsibility are a general social type phenomenon.
Comparison of the definition of responsibility with related concepts
Given several options for the definition of this concept, it is possible to partially combine them and note that several basic points are included in the circle of the indicated term. Firstly, this is the application to the violator of legal relations of an appropriate sanction, which, as a rule, is provided for by a legal norm. Secondly, this is the most effective coercive measure carried out by the state. Thirdly, the concept of legal liability (including types of legal liability) 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 offender at the state and public level.
It is also worth noting that an obligation in itself cannot be equated with legal liability. Being an independent element of subjective law, the term “obligation” includes in its meaning independence from any responsibility. While impunity and irresponsibility are truly opposite sides of legal liability.
Signs of legal liability
The crime committed and the legal liability that has arisen for it (the concept, signs, types of it require a more detailed consideration below) cannot be identified with general social and legal responsibility. A sense of duty, guilt in relation to law also can not explain the meaning of this term. However, we can certainly say that the legal culture and legal consciousness of an individual belong to the so-called prospective responsibility. It follows that legal responsibility is the result of a lack of a sense of duty, an irresponsible social and legal worldview, and underdeveloped civic positions.
In order for legal liability to occur, 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 legal figures, such torts are called the general concept of an offense.
The onset of legal liability is possible only if there is a misconduct or crime in the actions of the offender. In any case, the offense consists of the objective and subjective side of the object of unlawful action.
Reasons to attract
The concept of an offense and the types of legal liability are directly dependent on each other, since the corpus delicti or less significant tort constitutes a whole system of elements and objective, subjective attributes. Separately, for each component of the offense, a few words can be said.
In order to characterize the misconduct in more detail, it is necessary not only to find out what has become the object of specific assaults, but also to establish the person involved in the offense or committed this tort alone.
He is called the subject of the offense. The concepts, signs, types of legal liability (the grounds for its occurrence also play an important role) may vary for the offender, depending on the need to involve the latter in legal duties.
Composition of offenses: subject, object
The grounds for the occurrence of legal liability depend largely on the corpus delicti, 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.
An important point here is that in the absence of at least one paragraph, prosecution is impossible. Only the full corpus delicti is capable of giving rise to this type of responsibility. In addition, legal misconduct or tort is not only the basis for liability, but also a kind of reference point, indicating at the time the appearance of a specific legal fact.
Permanent legal liability
The concept, goals and types of legal liability are directly proportional to the scope of the offense. However, at the same time, it should be remembered that creating legal liability as such is impossible. Neither the judicial nor the administrative authority will do this.
When making a specific decision or reading out a sentence, the state body involved in this issue does not generate anything new. By his actions, he only ascertains the fact of the existence of legal liability, draws a concrete parallel between it and legal sanctions, which ensures the direct implementation of legal liability.
The relationship of coercion and responsibility
State coercion is also not derived from such a basic position as the concept of legal liability. In any case, the types of legal liability are associated with certain deprivations, which the offender must undergo. Despite the mandatory inclusion of state coercive measures in the meaning of the term, its meaning does not imply the application of these measures. It can be said simpler a little differently: any liability can be called the obligation to test coercion in the event of the imposition of sanctions of specific legal norms.
In addition, it is also impossible to call these two concepts completely interconnected, because practice remembers many cases when there was legal liability while state coercion measures were not taken.
A striking 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 liability in law
Strong evidence that the two fundamental terms of the legal sciences have nothing in common is another point. Coercion by state structures and legal responsibility, a concept, types whose foundations are not based on the principles of punishment, are separate, mutually unrelated units. Quarantine, a medical examination of the state of intoxication, requisition, and much more are mandatory, despite the fact that legal liability has not yet occurred.
Since the termination of legal liability leads to the completion of the relevant legal relations, we can conclude that it exists at all stages of their existence. Relationships arise and develop in the event of an offense, which is the main basis for this.
In real life, no coercive action can be taken without causal factors. In this sense, the concept of legal liability becomes the defining position. Types of legal liability depend both on the signs of its manifestation and on the specifics of their implementation and regulation.
Types of legal liability
The stages of classification in modern science are many. Among the main criteria by which the type of legal liability is determined, the following are distinguished:
- government agencies that will implement the process of bringing to justice;
- the nature of legal sanctions;
- accountability functions;
- industry signs.
The latter received the most common use in literature, textbooks and at the legislative level.
According to this gradation, one can find several main types of legal liability:
- Material.
- Disciplinary.
- Administrative
- Civil law.
- Criminal
Each of the above items deserves a more detailed consideration.
Liability and disciplinary liability
The simplest type of legal liability is clearly material. As a rule, it arises in the event of damage to the property of an institution, organization, enterprise by its own employees. Damage and destruction are measured in monetary terms, which is executed in the form of a fine and is recovered 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 a violation of discipline in an educational institution, in an enterprise, during military service and in other cases, disciplinary liability may occur. This type of responsibility is fraught with consequences in the form of official punishment, a variety of which is generally considered a warning, reprimand. In extreme cases, dismissal is possible.
Responsibility in administrative legal relations
Legal responsibility, the concept, the composition, the types of which help to understand the meaning and role of this legal institution, is in a separate group if it has signs of public danger. This is an administrative responsibility that arises in the event of an offense. The most common coercive measures that accompany administrative legal relationships are fines or other legal restrictions.
Only public entities can be held administratively liable. Legal relations arising between a citizen and the state or legal entity proceed strictly in a procedural form. The first document that lays the beginning of administrative office work, consider the protocol on an administrative offense. Depending on the composition of the offense and the severity of the offense, which threatens public safety, personal search, seizure of things or documentation, and administrative arrest may be applied to the offender .
Civil Law Institute of Responsibility
Considering the institutions of coercion and responsibility, it is extremely important to know their concept, types. The functions of legal liability are most noticeably reflected in the field of civil law relations. This kind of liability occurs in the so-called property law, including for damage to the person or property by non-fulfillment of the contract.
The purpose of civil liability lies in two main aspects: restoration of violated rights and redress, compensation.
Like administrative responsibility, civil law is inherent in the rigor of procedural rules. Civil record keeping is a field of activity of general courts.
Responsibility in criminal law
The most difficult type of legal liability can be called criminal. It is provided for in the event of the commission of crimes, i.e., tort, which poses a huge threat to society.
Among the other types of criminal liability distinguish the following distinctive features:
- a specific list of crimes, in the case of the commission of which this type of responsibility occurs;
- observance of criminal procedure law is a fundamental principle of the activity of executive bodies;
- the mandatory evidence base, documents that serve as the basis for the announcement of the verdict or closure of the criminal case;
- individual investigation procedure;
- application of preliminary preventive measures, which include arrest, recognizance not to leave , etc .;
- the likelihood of compulsory medical treatment;
- the possibility of protection for the accused;
- criminal cases are considered only by the court;
- competitiveness and discussion throughout the process;
- the right to a cassation review of a sentence;
- a person who has served a sentence for a long time has a limited status.