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Рік заснування видання - 2014

LEGAL LIABILITY

26.05.2016 10:21

[Section 1. Theory and history of state and law. Law philosophy. History of political and legal studies]

Author: Kravets Anastasia, Student of the first course, Kryvyi Rih faculty, National University “Odessa Law Аcademy”


The term "responsibility" is used in various senses, most often as a duty, obligation or penalty. In the first case the active aspect of accountability. It is the responsibility of serving as the awareness of a person's place in society, its role in the development of social progress, their personal involvement in the affairs of state. Responsibility in this sense is a kind of moral, political control behavior in the present to the future. Interest in this aspect especially increased responsibility when it appeared that legally can justify cruel and inhuman crime.

The second core responsibility is seen in the retrospective aspect of responsibility for the past. The responsibility there is on one side bearing face unfavorable consequences of their conduct, and on the other - tasks face hardship, adequate negative public reaction to its concessions. Some scientists believe that the legal responsibility can only speak in terms of punishment.

Legal responsibility is closely linked to the state. This imposes a serious mark on its content. For someone who is legally responsible, it is the fact that the authorities require the person responsible for her offense committed, and most importantly - this person must bear the hardships anticipate legal sanctions. Ultimately, accordingly, the legal responsibility lies with this perspective in the implementation of sanctions.

It should be noted that the legal responsibility primarily there to protect the social order. In addition, the protection of democratic order is not the only purpose of legal liability. The latter also aims to educate people that the offense is punishable primarily in mind.

The nature of institute legal liability of a legal nature and is applied to a perpetrator who has committed an offense, means of public law enforcement, provide for sanctions violations in a clearly defined procedural order. It is an independent legal institution, which is the basis of security relations.

Each retreat of people from the norms accepted in society, meets explicit or hidden condemnation. The man who made an immoral act, condemned people. Any offense involves certain measures of legal liability.

Legal liability - is the use of the person who committed the offense, coercive legal measures.

These measures are always imposed on behalf of the state and in a certain order, and only the person who committed the offense. Adverse consequences of legal liability may be, for example, the penalty for fare evasion or need compensation, imprisonment or deprivation of parental rights. So fine, imprisonment, duty to compensate damages and so on. Are legal measures of legal liability.

Legal liability - a "response" in violation of state law. Not only measures of persuasion, but these measures shall state the fight against crimes and prevent their commission in the future. In the legal literature are a lot of definitions of legal liability.

Based on many definitions in summary form, there are two basic approaches to the understanding of legal liability. The existing definition or see it as a reaction to the state offense (application of penalties, the implementation of sanctions, etc., or as a special relationship, according to which, the offender shall suffer the negative consequences of his act. On the basis of the above features can give a definition of legal liability:

Legal liability - is applied to the offender by the competent authority of State coercion, in which a citizen or other person is experiencing the negative effects of personal or material nature.

Legal liability is divided into perspective (positive) and retroperspective (negative).

Perspective (positive) legal responsibility - a conscientious fulfillment of their obligations to civil society, rule of law, staff people and individuals.

Retroperspective (negative) legal responsibility - a specific relationship between the state and the offender as a result of state and law enforcement characterized condemning unlawful acts and subjects offense reliance on recent obligation of experience of detention and adverse effects of the personal, property, organizational for committed the offense.

Signs retroperspectivelegal liability:

- State-legal coercion;

- Negative reaction of the state on offense and subjects, guilty of committing it;

- Duty offender suffer adverse consequences for his illegal behavior.

An important feature retroperspectivelegal liability is the negative reaction of the state on offense and subject, is guilty of an offense. Condemning offenses by state law establishes the model behavior prohibited by law or duties which subjects have to perform and the failure of which legal liability arises. Thus, the state betrays their negative attitude to the offense. Another sign retroperspectivelegal responsibility is the obligation of the offender to experience an adverse consequences for illegal behavior. The competent authorities or officials on behalf of the state to impose legal liability within the sanctions, which provided types of penalties and sanctions.

All features are optional. The absence of even one of them said that no retroperspectivelegal responsibility.

So should distinguish positive and retroperspectivelegal liability. A positive person liable to apply state-legal coercion characterized condemning the wrongful act and the offender, and laying on him the obligation to undergo imprisonment and adverse effects of the personal, property, organizational nature for an offense.

Summarizing the above, it should be noted that the exercise of lawful behavior, the subject comes within the scope of law and finds its choice between different variants of actions (legal and illegal). Choice of version gives it several advantages, other subjects are required to contribute to its actions or intervene in them; in case of the duties of their state in the legal form of coercion provides remedy and performance obligations a subject relevant duties. Therefore, good behavior as a legal fact entails not just legal origin, and an action of legal regulation designed to ensure protection of health and legal form of realization of interests of the subject and society. This action law and the state is only a means of reaction to good behavior. Other include direct encouragement from the state lawful actions. This applies to the use of subjective rights and performance of duties. Making the same offenses entail legal responsibility as application of state coercion punitive orientation, they incurred losses of personal, institutional or financial nature. The social purpose of legal liability - Protection of public relations - is implemented in its law enforcement and educational functions. Law enforcement function of legal liability, in turn, is divided into law rehabilitative and punitive and educational - for special and general functions of prevention. 

The process of implementation of legal liability are strictly regulated by law and implemented on the basis of legality, validity, feasibility, inevitability and justice.




References:

1. The Constitution of Ukraine adopted by the Verkhovna Rada of Ukraine, the Law of 28.06.1996 number 254k / 96-VR

2. Criminal Law of Ukraine. Chapeau. 3rd edition. / Ed. prof. Stashysa VV, VY tray // Kyiv. Yurinkom Inter. 2012 - 495.

3. Criminal Law of Ukraine. Friso PP Kyiv. Atika. 2004. - 486 p.

4. Criminal Procedural Code of Ukraine: official tekst.- K: Atika, 2013

__________________

Scientific leader: Drobchak A.L.



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