sanction - a definition that is used to determine the nature of the various legal situations.
Firstly, this term represents one of the elements of the legal regulations.Thus, under the hypothesis to understand the conditions of application requirements, describes the disposition of the subject's behavior and sanction - a kind of adverse effects, occurring as a result of a certain individual actions.
Criminal legal theory contains a classification of the degree of certainty.Crafted following sanctions:
- absolutely certain.The rules contained in this form of punishment, today there is no legislation.This is due to the difference in socially dangerous consequences of their character, as well as some aspects of the subjective side.The same structure can be characteristic of crimes of varying severity, so enter only one punishment for all criminal offenses not reasonable and fair.
- absolutely indefinite authorization.The existence of such rules opens the authorities to administer arbitrary, providing the chance to punish the offender for a particular offense under the law or appoint him unduly lenient sentences.That is why these formulations are currently in the law either.
- relatively certain sanction - is today's reality of criminal procedure.Legislator, as a rule, set for the commission of a given act by a form of punishment, providing its upper and lower limits.
The study of the rule of law may or may not contain an alternative.In other words, the rule of law provides for a sanction or a punishment, or more.For example, as a punishment for crime permitted imposition of a fine or imprisonment.In this case, the judge can choose the most appropriate for the particular case of sanctions.This enables a differentiated approach to the choice of punishment.
As part of the legal norm, while the sanction is defined as a measure of the impact on the offender, associated with adverse effects.
example, in contractual relationship adverse consequences for the offender classified by the process of occurring.The sanctions thus may be provided by law or contract.
also distinguish recovery, preclusive security and adverse effects.In the first case it refers to a kind of legal restitution, in the second - the cessation of continuing illegal activity in the third - the fulfillment of obligations to the opponent (state or private person).
In addition, this term has another meaning connotation.Under the sanction of the resolution, the consent of an official with a certain decision or action.In a criminal trial, this category is used to refer to the prosecutor's actions.The latter may authorize (permit) inquiry, the investigative process or the adoption of any decision.
