Legal liability and its types according to the legislation of the Russian Federation

In the Russian Federation, as in any other legal state, there is liability for non-compliance with the rules of conduct established by law. As a rule, for this act comes a certain responsibility, namely legal.

legal liability and its types
Legal liability and its types are of particular importance, which is accompanied by the fact of the offense itself, as a result of which the person who committed the act and the state have a special relationship. However, it is worth considering that these relations can arise between entities, excluding the state, which may be inherent in both ordinary persons and legal entities. In this regard, it is important to pay attention to the fact that legal responsibility and its types occupy a central position in the general theory of law.

Legal liability, according to the legislation of the Russian Federation, can be divided into 4 types, namely: legal liability criminal, disciplinary liability, civil and administrative liability.

Criminal liability is the most stringent measure of state influence applied to the person who committed the crime.

criminal liability of legal entities
The main criterion for this responsibility is precisely the commission by a person of a crime, the definition of which is clearly given in the general part of the Criminal Code of the Russian Federation. It should be noted that there is no criminal liability of legal entities at the moment, but there is a proposal from lawyers that a legal entity act as the subject of a crime. There are reasonable proposals for this among jurists, however, so far this point of view has not found legislative consolidation.

Disciplinary responsibility is a violation of the organizationโ€™s internal rules, the rules established by it, as well as a violation of the current charter. For non-compliance with these rules, such a measure of influence as dismissal, dismissal, reprimand, demotion, deprivation of special rights, etc. takes place. Such liability arises in labor relations, where the labor legislation of the Russian Federation will act as a regulator .

Civil liability is responsibility where property sanctions dominate, which is inherent in the subject of study of civil law. As a result of such relations, as mentioned above, all entities with the exception of the state act. That is, this responsibility arises as a result of a violation of the rights of a person, including a legal one, but communication with government structures is excluded.

Administrative and legal liability is a violation of the order protected by law, where the executive body will be the main component. You should know that deprivation of liberty is not limited only to the commission of a crime, this type of restraint can also be used in an administrative order, that is, when committing a violation such as administrative.

signs of legal liability
Following the interpretations of the legislator, acts that may be included in the list of unlawful acts protected by law must comply with such a concept as signs of legal liability, as a result of which the person will be punished accordingly.

In this regard, it is necessary to highlight the signs of legal responsibility, which fundamentally differ from another type of responsibility, namely:

- Provided by law.

- It comes when all the signs of a crime are satisfied.

- Based on state coercion.

- Expressed in adverse consequences for the offender.

- It is assigned and implemented in the form that is implemented in the criminal and procedural legislation.

- The punishment comes from the authorities.

- Implemented by strictly authorized officials.

According to the current legislation, legal liability and its types play a special role in qualification, and also give an accurate definition when considering the existing signs of an act, as a result of which relevant relations occur and sanctions are applied.

It can be concluded that legal liability and its types are of particular importance in punishment, and also play the role of an institution that regulates relations in this area.

Source: https://habr.com/ru/post/F33342/


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