Legal liability is related to the law, the state and, of course, the law.The state is able to use it regardless of the wishes of legal entities.If it can be argued that the government in this case is the support or enforcement mechanism, it is reasonable to be called the law of the mechanism by which this occurs coercion.
Concept and types of legal liability
Underneath understand nothing else than the application of certain measures of state coercion against persons who violate the rights protected by law.All people for committing wrongful acts required to be responsible before the law, and the court - it is one of the most important differences between the legal liability of the moral.
legal liability, the concept and types of which are discussed in this article, has very specific characteristics.These include:
- embodied in procedural form;
- reliance on government coercion;
- negative consequences for the violators of law;
- stigmatization;
- can occur only for certain acts (for those provided by various legal norms);
- legal liability may be imposed only for the committed acts;
- can not come twice for the same crime;
- can be imposed only by the competent authorities.
Types of legal liability are different.They differ in the nature of offenses and the consequences that could ensue for these offenses.
Types of legal liability following:
- administrative;
- criminal;
- material;
- civil law;
- disciplinary.
One of its varieties is criminalized.Brought it may be only persons charged with criminal offenses (crimes).Note that they called the commission of an offense prescribed in the Criminal Code.Such legal responsibility may entail extremely unpleasant measures of state coercion, may significantly limit the rights of a person convicted of a crime.Criminal liability may come not only for the crime committed, but also for trying to commit it, complicity, preparation and so on.It is much more serious than all other types of legal liability.
Only a court may declare a person guilty.Sentenced may also only one.With all of this is necessary to observe certain procedural form.
for administrative offenses assumed administrative responsibility.This kind of punishment is usually applied in order to prevent new offenses.It can in no way be associated with harm to the physical or moral, human dignity should not be harmed.
kind of punishment:
- an administrative fine;
- disqualification;
- arrest (administrative);
- termination of the administrative and so on.
With regard to legal persons are subject to special forms of punishment, but most often they are fined.
For violations of military, labor, educational, service discipline applies disciplinary legal responsibility.It can be connected not only to the commission of the offense, but also the failure of any mandatory action.
The following penalties:
- dismissal:
- reprimand;
- remark.
The types of legal liability includes liability civil law.It comes in the case of harm to someone else's property defaults on contracts, and so on.This legal liability may result in sanctions by the type of redress, to perform certain actions and so on.
There is also a liability.It is understood as the obligation to compensate the damage caused to the employee to the employer in the event of damage to the means of production, goods, and so on.