The actions of subjects regulated by normative acts are considered legally significant. However, they may comply or conflict with legal provisions. Depending on this, they talk about legitimate and unlawful behavior . In the article, we consider the differences and features of such actions.
Lawful and unlawful behavior - what is it?
A person’s actions, both legal and illegal, have a number of common features: an objective and subjective side, as well as consequences.
The legislation contains certain rules that should be followed by the subjects of law. Legitimate and unlawful behavior, in short, are opposed actions. In the first case, the subject acts according to the rules, in the second - ignores them.
Subjective side
In short, legitimate and unlawful behavior is a reflection of the citizen’s internal attitudes.
In the first case, actions express the civic duty and responsibility of a person for his actions, conscientious and conscious performance of duties, respect for the rights and interests of others. Illegal behavior is characterized by an indifferent attitude of the subject to generally accepted standards, legal regulations. It can be aimed at deliberate, conscious violation of requirements.
Thus, the characteristic of legitimate and unlawful behavior is based primarily on the person’s perceptions of the rule of law.
Objective aspect
The concept of legitimate and unlawful behavior in the legislation is not disclosed. By analyzing the norms, one can characterize the subjective and objective sides of those and other actions.
To better understand what is a legitimate and unlawful behavior , we consider separately the external signs of both models.
Objectively legal actions / omissions:
- comply with the standards;
- expressed in the execution, application, compliance with requirements;
- endowed with social significance.
Illegal behavior, on the contrary, does not comply with the standards, violates the requirements, have an asocial orientation.
Effects
In general, all persons with legal and legal capacity understand which behavior is called legitimate and which is illegal . Citizens will learn about this at school.
Lawful and unlawful behavior has consequences. In the first case, public order and the rule of law are formed and strengthened; relations in society become stable, and the interests of citizens are protected. Illegal actions, in turn, lead to the destruction of values, infringement of the rights of other people, disrespect for freedoms and interests, violation of personal integrity, etc. As a result, social relations become unstable, which can lead to complete chaos in the state.
Classification Features
Lawful and unlawful behavior, examples of which will be described later, covers a fairly wide range of subjects' actions. In this regard, in practice, the need arose to classify both of these models. Consider the main types of legitimate and unlawful behavior .
Lawful conduct may be:
- socially active;
- positive
- passive;
- borderline.
Separation is also carried out depending on the branch of law. Moreover, according to this criterion, both legitimate and illegal behavior can be classified. For example, in the framework of labor relations, an entity that fulfills the terms of the contract, the rules of procedure, the requirements of the Labor Code, performs legal actions. In this case, a citizen who misses work for disrespectful reasons, behaves illegally. His actions are called disciplinary misconduct.
Lawful and unlawful behavior can be expressed both in the form of action and in the form of inaction.
Socially Active Activities
They are aimed at the implementation of regulatory requirements and are based on a person's awareness of the value of the requirements. A citizen committing socially active actions is convinced of their expediency.
The value of such behavior is independence, discipline, awareness, organization of the subject, respectful attitude to law.
The basis of socially active actions is a high level of legal culture.
Positive behavior
It is also called familiar. Positive behavior also seeks to implement regulatory requirements. The basis of such actions is the habit of fulfilling the requirements of the law.
The value of this behavior is to create an image of conscientious service to a particular business, active and conscious performance of duties.
Positive actions are determined primarily by legal consciousness. It is formed on the basis of professional responsibility.
Passive actions
Their basis is the desire to follow the stereotype of the behavior of the majority. The social significance of passive actions is low. Moreover, such a model of behavior can cause damage to society, since the emotional-evaluative aspect is often based on a corporate-negative perception of law.
As a rule, passive actions / inaction take place as part of the adaptation of the subject to external circumstances. A person seeks to avoid discussion, is afraid to lose confidence and therefore behaves passively.
Borderline behavior
It is also called marginal. It is based on fear of responsibility and punishment.
Border actions are combined with a predisposition to illegal behavior. They are characteristic of persons deprived of their usual living conditions, unable to adapt to the new environment, showing dissatisfaction, apathy, uncertainty in the future, and in some cases, aggression to what is happening.
Border behavior is formed primarily under the threat of coercion. It is based on fear of condemnation and personal calculation.
Lawful and unlawful behavior: types of illegal acts
Illegal actions are called offenses. They pose a danger to society, cause or pose a threat to harm relations protected by law.
The main types of offenses are misconduct and crime. The former may be disciplinary, administrative. Crimes are criminal offenses.
Disciplinary offenses are, for example, violation of the internal routine at the enterprise, appearing at work while intoxicated, absenteeism. The list of crimes and punishments for them are enshrined in the Criminal Code. Among them, for example, murder, fraud, car theft, robbery, etc.
Signs of Offenses
These include the subjective and objective parties, the object and subject of the violation.
It is possible to judge the presence of unlawfulness in the actions and involvement of a specific person only in the presence of all 4 signs.
The objective side is expressed in action or inaction. The first is active behavior (for example, committing a robbery, causing damage to health, etc.). Inaction - abstinence from an act, passivity. For example, the doctor did not provide the patient with help, as a result of which he died.
Exceptions
The thoughts and feelings of a person, including those aimed at committing an illegal act, if they are not transformed into actions, are not considered illegal behavior. In this case, it is said that there is intent, which in itself has no legal value, does not constitute an offense and, accordingly, is not punishable.
Unlawful is not instinctive or reflex behavior, as well as taking place under the influence of coercion (mental / physical) or under the influence of force majeure. In such situations, the evidence base is of particular importance. According to general rules, the subject who is charged with an unlawful act is not required to prove his innocence. However, the law does not prohibit a person from providing evidence of his involvement in the incident.
Damage and its relation to unlawful behavior
Not in all cases the objective aspect is limited to the act and its unlawfulness. In a number of situations, negative consequences are a mandatory sign of misconduct. Moreover, there must be a connection between the damage and the act.
It takes place when behavior is the cause of the consequences. Revealing a connection is of particular practical importance if unlawful acts are committed by several persons and it is necessary to determine the true culprit. Since the effect and cause may change places, it should be proved that the connection between actions and damage was logical, that it was it that caused the occurrence of negative consequences.
Important point
Criminal law provides such concepts as attempt and preparation for assault. In such cases, liability can occur not only without the occurrence of negative consequences, but also without the completion of unlawful actions.
Optional items
They are the place, method, instrument, situation, time of the act. These elements are characteristic of all offenses, but they do not acquire their legal significance in all situations, but only if indicated in the hypothesis of the norm.
The internal attitude of the person to his actions
Considering the subjective aspect of the offense, attention is drawn to the mental state of the person, the volitional orientation of the citizen. As a rule, it reflects a person’s tendency to commit an illegal act.
The subjective aspect is characterized by:
- The ability to control your behavior and be responsible for actions.
- The presence of guilt.
Special rules
Damage can occur with both legitimate and unlawful behavior. Legal liability occurs in accordance with the law. The norms provide for cases of exemption from punishment. For example, such a concept as extreme necessity is used. If damage is caused by lawful actions, the subject is exempted from liability if there are no signs of other offenses in his behavior.
The specifics of the application of sanctions
Illegal behavior is a violation of legal requirements in any case. However, the subject will be held accountable only when he realized that his actions are not consistent with the requirements, led his behavior, purposefully sought the onset of negative consequences, wished for their occurrence. Incapable citizens (partially or fully), not responsible for their actions, not understanding the consequences, are not held accountable.
As for minors, special rules apply to them. The issue of holding such persons accountable is decided in each case separately, taking into account all circumstances, including the specific age of the subject.
Wines
She is considered one of the key signs of an offense. Guilt can be expressed in the form of intent or negligence.
Intention, in turn, can be indirect or direct. In the latter case, the person understands the social danger of the actions performed by him, anticipates the negative consequences and purposefully seeks their onset.
In the case of indirect intent, a person also realizes the threat of his behavior, suggests consequences, but does nothing to prevent them. As a result of an act committed with indirect intent, the crime may be incomplete.
Carelessness
It is expressed in the form of negligence and presumption (frivolity).
In the latter case, the perpetrator foresees the likelihood of negative consequences, but considers (in his frivolity) that he will be able to avoid them. For example, a driver with broken brakes knocked down a pedestrian. The motorist knew about the breakdown, but felt that he could get there without incident.
With negligence, the guilty person does not assume that any negative consequences may occur, but due to the circumstances he should have and could have foreseen them. For example, a fire in the room was the result of the negligence of an employee who went on a lunch break without turning off the heater.
Tort liability
It occurs regardless of the fault of the subject who caused the harm. Cases of tort liability are provided for by the Civil Code of the Russian Federation. The Code establishes situations when the non-pecuniary damage that arose as a result of:
- illegal penalties under the Code of Administrative Offenses, prosecution under the Criminal Code, conviction, the use of coercive measures;
- activities of an economic entity / functioning of a source of increased danger;
- dissemination of information discrediting the reputation, honor and dignity of a person.
The law may also establish other cases of tort liability.