Legal liability is associated with law, the state and, of course, the law. The state is able to apply it regardless of the desire of the subjects of legal relations. If it can be argued that the state in this case is a pillar or even a mechanism of coercion, then it would be reasonable to call the law the mechanism on the basis of which this coercion occurs.
The concept and types of legal liability
It is understood as nothing more than the application of certain measures of state coercion in relation to persons who violated the rights protected by law. All people for committed unlawful acts are obliged to bear responsibility before the law, as well as by the court - this is one of the most important differences between legal and moral responsibility.
Legal liability, the concept and types of which are considered in this article, has very specific characteristics. These include:
- embodiment in procedural form;
- reliance on state coercion;
- negative consequences for violators of the law;
- public condemnation;
- can only come for certain acts (for those that are provided for by various legal norms);
- legal liability can be imposed only for committed acts;
- cannot come twice for the same crime;
- may only be imposed by the competent authorities.
Types of legal liability are different. They differ both in the nature of the misconduct and in the consequences that may result from the misconduct.
The types of legal liability are as follows:
- administrative;
- criminal;
- material;
- civil law;
- disciplinary.
One of its varieties is criminal liability. Only persons accused of criminal acts (crimes) can be brought to her. Note that they are called the guilty acts prescribed in the Criminal Code. Such legal liability can entail extremely unpleasant measures of state coercion, possibly significant restrictions on the rights of a person found guilty of an offense. Criminal liability can come not only for the crime committed, but also for an attempt to commit it, complicity, preparation and so on. She is much more serious than all other types of legal liability.
Only a court can convict a person. Only he can appoint a punishment. For all this, compliance with a certain procedural form is necessary.
For administrative misconduct , administrative responsibility is assumed. This kind of punishment is usually applied in order to prevent new offenses. It can in no way be connected with the infliction of harm, physical or moral, the dignity of a person must not be affected.
Varieties of punishments:
- administrative fine ;
- disqualification;
- arrest (administrative);
- administrative termination of activity and so on.
In relation to legal entities, special types of punishments are applied , but most often they are fined.
For violations of military, labor, educational, official discipline, disciplinary legal liability is applied. It may be associated not only with the commission of an offense, but also with the failure to perform any mandatory actions.
The following penalties are possible:
- dismissal:
- reprimand;
- remark.
The types of legal liability include civil liability. It occurs in the event of damage to someone else’s property, failure to fulfill obligations under contracts, and so on. This legal liability may entail sanctions on the type of compensation for harm, the performance of certain actions and so on.
There is also liability. It is understood as the duty of the employee to compensate for the damage caused to the employer in case of damage to production tools, goods, and so on.