What is legal liability?
In the theory of law there is no unequivocal definition of what is legal liability. The authors are trying to identify one or another of its side, which for them is the most important. In general, legal liability is perceived as a measure of coercion or as a punishment for violation of legal norms. But one should not overlook the fact that legal liability is not only a legal, but also a general social phenomenon.
Types of legal liability
Depending on the severity of offenses, the legal norms of the state distinguish the types of legal liability. Undoubtedly, the most serious is criminal liability, which is applied only in court. Criminal responsibility is characterized by extremely harsh sanctions, such as imprisonment or even execution. That is why the procedure for imposing criminal liability is so detailed to avoid the slightest mistake.
Administrative responsibility arises due to violation of the administrative code.In case of violation of official duties, disciplinary liability occurs. Material and civil liability provide compensation for material damage to citizens and organizations. When family legal liability arises, the right of family norms comes into effect, which can be expressed in the deprivation of parental rights.
For violations of the rules for handling financial resources comes financial responsibility, which is expressed in fines and arrests of bank accounts and so on. If the order of the legal process was violated, procedural responsibility may be applied, for example, removal from the courtroom, a fine, or even arrest. Constitutional legal responsibility is expressed in the abolition of legislation that does not comply with the constitution.
Signs of legal liability
Since the concept of legal liability is connected with a certain reaction of the state and society to offenses, its object is forced to undergo certain deprivations for their actions. Thus, it is established by the state as a kind of regulatory assessment of offenses and is the basis for liability in accordance with the legal norms of the criminal,administrative and other codes. At the same time, legal liability may occur due to violations of individual legal contracts, which should not go beyond the limits of state law. The basis for the emergence of legal liability for citizens will be any offense, which by its nature predetermines the type of legal responsibility and, accordingly, the penalty.
Important signs of legal liability are its punitive nature and retrospectiveness. The offender suffers deprivation as adequate from the point of view of legal norms the negative consequences of their actions. That is, it is the reaction of society and the state to certain actions. The retrospective nature of legal liability is that it is possible to punish a person only for actions already taken.
Principles of legal liability
Legal liability is based on the principles of inevitability and expediency, that is, in the presence of an offense, responsibility must necessarily come. The individualization of punishment and the impossibility of doubling responsibility are also important.
The most important principles of legal responsibility are its legality and fairness.In other words, responsibility is imposed only in accordance with the applicable legal norms, and only for the actual offenses committed.
Thus, the basic principles ensure that legal responsibility is not only a legal but also a public instrument for regulating the behavior of citizens.