Ignorance of the law is not an excuse. What is the responsibility for breaking the law?

The legal system arose in society as an objective necessity, it gives it the necessary stability and allows each person to be confident in protecting their rights from various types of encroachments. This is the responsibility before the law.

Ignorance of the law is not an excuse

The basic principle of modern law

Legal reality did not always exist, it went through a long period of formation, development and changed according to the dictates of the time. The modern legal system is characterized to a large extent by a humanistic orientation, in particular, in many countries of the world there is no such punishment as the death penalty. The legal doctrine of a developed state considers a person as a partner. According to it, all the country's institutions recognize the natural rights of man, and they are enshrined in all legislative acts, including the Constitution. In turn, the state expects from every citizen a respectful and respectful attitude to the adopted normative legal acts. But no matter how humanistic modern law is in its essence, it is called upon to react harshly to all offenses. Therefore, even ignorance of the law does not exempt from liability.

legal liability

The formation of law as a social regulator

After a short digression into the depths of history, you can see that the responsibility for breaking the law was sometimes very cruel. This mainly refers to quite distant eras from us. The thing is that this state tried to keep the population in obedience, the basis of which was fear. Then the same principle also acted: ignorance of the law does not exempt from liability. However, in those days the crimes committed were quite obvious, and therefore he did not have such an important legal aspect as now. The basis of ancient justice is morality. These social regulators had practical application in all areas of public relations, therefore, during the formation of the legal system, they helped people learn the most important principles of community life. Indeed, there were always many temptations, and morality only condemned various negative aspirations of people, but in fact did not impose real punishment.

“Privileged Law”

It was then that the leaders of the tribes, and subsequently the entire privileged part of society, began to think about a more effective way of regulating social relations. So, with the emergence of the state appears and its integral part - the system of law. Initially, it, in fact, had a pronounced class character. For example, the first written code of laws of the Old Russian state is vivid proof of this. Russian Truth quite distinctly defended the interests of the propertied strata. In this case, of course, the vast majority of the population of Kievan Rus could not read, but ignorance of the law does not exempt from punishment any of the categories of residents of the East Slavic state. That was what guided the princely tyuns and stewards. Naturally, the state protected all other groups of the country's population, but this was only a necessity to maintain power.

liability for breaking the law

The evolution of justice

With the development of society, the system of law changed, it became more and more democratic and liberal. During the formation of bourgeois states in Europe, it underwent dramatic changes, this process can even be called a revolution of legal awareness. The first brick of the future foundation of the rule of law was laid by the “Declaration of Human and Citizen Rights” adopted in France at the end of the eighteenth century. Then, for the first time, natural inalienable human rights were legislated and recognized as such. Then there was a rollback and even strengthening of the punitive composite law for the sake of the interests of the state with a clear neglect of human rights. This is very well observed on the example of Nazi Germany and the Bolshevik Union of the Soviet Socialist Republic. Responsibility before the law was extremely radicalized, while unreasonable cruelty was used even on suspicion of disloyalty to state principles. Normative acts are constantly changing, and yet ignorance of the law does not exempt citizens of the country of councils from liability. But rather, it serves as an aggravating circumstance.

Legal humanism

After the breakdown of essentially totalitarian political regimes, a peculiar renaissance of public justice sets in. In all European countries, human rights and their observance have been put at the forefront of national law. Later, everyone in the countries of Eastern Europe and Russia turned to rethinking legal values. This was due to the well-known processes that took place in these states in the late 80s and early 90s of the last century. The national legal system was undergoing a significant change in the regulatory framework. The humanistic basis of legislation has been enhanced. However, the legal system itself remained unchanged. This, in turn, means the necessity of its existence for any state, regardless of the political regime and ideology prevailing in society.

ignorance of the law does not exempt

Russian lawmaking

The modern legislative base of our country has more than thirty branches of law that regulate the entire array of public relations. Each of them is called upon to regulate only the various interactions of people that are characteristic of a particular sphere. The process of adoption of the law goes through five successive stages:

  • Legislative Initiative.
  • Discussion in Parliament.
  • Adoption of the law in the State Duma.
  • Adoption of a normative act in the Federation Council.
  • Signing and promulgation of the law.

ignorance of the law exempts

Only after that it comes into force throughout the country. Also, when sentencing, lawyers operate with such concepts as legal capacity and legal capacity. In the first case, this means that each person has natural rights from birth, which no one can deprive him of. In the second case, this means the ability to exercise their rights and obligations through their actions, and if a person is recognized as legally incompetent, then ignorance of the law exempts from liability. In all other cases, this is excluded.

The Russian legal system provides for various sectoral liability for violation of laws. Depending on the severity and public danger, the following types of penalties exist:

  • Administrative law.
  • Civil law.
  • Disciplinary labor.
  • Criminal law.

All these types of liability require certain measures of influence on the part of the state and its bodies. The most severe is criminal prosecution; in special cases, the punishment in this branch of law can be expressed in life imprisonment. However, overall legal liability is very variable.

Summing up, it can be noted that law, undoubtedly, is an important component of any modern society. It is impossible to know the entire legislative base, therefore, a person should be very careful in his actions, because ignorance of the law does not relieve him of responsibility, and this is the true justice of the rule of law.

Source: https://habr.com/ru/post/F14667/


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