The most stringent form of social responsibility is legal. Its main goal is to ensure law and order, restore social justice, and protect human rights.
Legal liability. The concept
There are many interpretations. It also means the type of state enforcement expressed in the application of the sanctions established in the articles to the offender, and the obligation of such a person to undergo adverse consequences provided for by legal norms.
Signs:
- fixed by the state in legal norms;
- comes as a result of an offense;
- expressed in adverse consequences for the perpetrator;
- carried out in procedural form;
- provided by the state by coercive force.
Grounds for legal liability:
- normative basis - the legislation should have a legal norm establishing responsibility for the commission of certain acts;
- factual basis - the presence of an action (inaction) that is unlawful, for which liability is provided;
- procedural basis - a law enforcement act is required, specifying general norms, determining the type and measure of responsibility.
Any legal liability is based on certain principles . The most important ones include:
- The principle of justice. The punishment applied to the offender must correspond to the severity of the misconduct; humiliation of human dignity is unacceptable; legal norms that worsen the position of the perpetrator are not retroactive; a person cannot be held liable for one crime twice.
- The principle of legality. Punishment for the commission of acts shall be imposed if legal liability is provided for them and implemented in accordance with procedural requirements; a person has the right to protection.
- The principle of expediency. Provides for the possibility of leniency, if in this way the objectives of legal liability can be achieved ; the identity of the perpetrator and the gravity of the offense must be taken into account when implementing sanctions
- The principle of inevitability. All offenses must be identified, and those responsible for their commission shall be punished; liability measures must be applied quickly and expeditiously.
Functions
Legal responsibility is aimed at achieving the following generally useful goals:
- public warnings about the punishability of an unlawful act;
- retribution of the perpetrator of a misconduct;
- restoration of violated rights;
- warning of new offenses;
- re-education (correction) of offenders.
Legal responsibility and its types :
- Criminal It is the most stringent, occurs only against criminals. It is implemented only by the court, sentencing the guilty to the punishment contained in the sanction of the article stipulating responsibility for the acts that they committed.
- Administrative It is imposed by officials. He comes for committing administrative misconduct. More often a fine is applied. Temporary deprivation of certain rights, confiscation, etc. may also be carried out.
- Civil law. It arises as a result of violation of contractual obligations and in connection with causing property damage. It is necessary to restore violated rights, the possibility of recovery from the guilty forfeit in the form of fines or penalties.
- Disciplinary. It is imposed by a superior official. Applied due to a disciplinary offense. It can be implemented in the form of a remark, reprimand, dismissal, etc.
- Material. Responsibility of the property nature of employees for causing damage to the organization in which they work.