Legal liability

The most severe form of social responsibility is the legal one. Its main goal is to ensure law and order, the restoration of social justice, and the protection of human rights.

Legal liability. The concept of

There are many interpretations. It also means the form of state enforcement, which is expressed in the application of the sanctions established in the articles of sanctions to the offender, and the duty of such person to suffer adverse consequences provided by legal norms.

Symptoms:

• Is fixed by the state in legal norms;
• Comes as a result of the commission of an offense;
• Is expressed in adverse consequences for the perpetrator;
• Is carried out in procedural form;
• Is provided by the state with coercive force.

Grounds for legal liability:

• Normative basis - the legislation should have a legal norm that establishes responsibility for the commission of certain acts;
• The actual basis is the existence of an act (omission) that is unlawful, for which liability is provided;
• The procedural basis - an enforcement act is required that specifies the general rules that determine the type and extent of responsibility.

Any legal liability is based on certain principles . The most important of them are:

1. The principle of justice. The punishment applied to the offender must correspond to the gravity of the offense; The humiliation of human dignity is unacceptable; Legal norms that worsen the situation of the perpetrator do not have retroactive effect; A person can not be held accountable for one offense twice.
2. The principle of legality. Punishment for the commission of acts is appointed if they are legally responsible for and are implemented in accordance with procedural requirements; A person has the right to protection.
3. Principle of expediency. It provides for the possibility of mitigating punishment, if it is possible to achieve the objectives of legal responsibility in this way ; It is necessary to take into account the identity of the perpetrator and the gravity of the offense in the implementation of sanctions
4. The principle of inevitability. All offenses should be identified, and those guilty of committing them should be punished; Responsibility measures must be applied quickly and expeditiously.

Functions

Legal responsibility is aimed at achieving the following common objectives:

• Warning society about the punishability of a wrongful act;
• Retribution of the perpetrator for the committed offense;
• Restoration of violated rights;
• Prevention of new offenses;
• Re-education (correction) of offenders.

Legal responsibility and its types :

1. The criminal. It is the most strict, it comes only against criminals. It is implemented only by the court, sentencing the guilty to punishment, contained in the sanction of the article, providing for responsibility for the acts that they committed.
2. Administrative. It is imposed by officials. Arrives for administrative offenses. The penalty is often applied. It may also be temporary deprivation of certain rights, confiscation, etc.
3. Civil-law. It arises as a result of violation of contractual obligations and in connection with causing property damage. It is necessary to restore the violated rights, the possibility of recovery from the guilty penalty in the form of fines or penalties.
4. Disciplinary. It is imposed by the higher official. Applied because of a disciplinary offense. Can be implemented in the form of comments, reprimands, dismissals, etc.
5. Material. Responsibility of the property nature of employees for causing damage to the organization in which they work.