Legal responsibility and its types according to the legislation of the Russian Federation
In the Russian Federation, as in any otherrule of law, there is a responsibility for non-compliance with the rules of conduct established by law. As a rule, for this act comes a certain responsibility, namely - legal.
Legal responsibility and its types havea special significance that is accompanied by the fact of the offense itself, as a result of which the person who committed the act and the states have special relations. However, it is worth considering that these relations can arise between the subjects, excluding the state, which can be inherent in both ordinary people and legal. In this regard, it is important to pay attention to the fact that legal responsibility and its types occupy a central position in the general theory of law.
Legal liability, according tolegislation of the Russian Federation, can be divided into 4 types, namely: legal responsibility, criminal, disciplinary liability, civil law and administrative and legal responsibility.
Criminally-legal responsibility is the most stringent measure of the state's influence applied to the person who committed the crime.The main criterion of this responsibilityit is the commission of a person to commit a crime, the definition of which is clearly given in the general part of the Criminal Code of the Russian Federation. It should be noted that the criminal liability of legal entities is currently not available, but there is a suggestion of lawyers that the legal entity acted as the subject of the crime. For this, there are reasonable proposals among lawyers, however, so far this point of view has not found legislative consolidation.
Disciplinary responsibility is a violationinternal regulations of the organization, rules established by it, as well as violation of the current charter. For non-compliance with these rules, a measure of impact occurs, such as dismissal, loss of office, reprimand, demotion, deprivation of special rights, etc. Such responsibility arises in the employment relationship, where the labor legislation of the Russian Federation will act as regulator.
Civil liability isresponsibility, where the dominant are the sanctions of a property nature, which is inherent in the subject of civil law. As a result of such relations, as mentioned above, all entities except the state act. That is, this responsibility arises as a result of violation of the rights of a person, including a legal one, but the connection with the authorities is excluded.
Administrative and legal responsibility isviolation of the law-protected order, where the main component will be the executive body. It should be noted that the deprivation of liberty is not limited to the commission of a crime, this type of restraint can also be used in the administrative order, that is, when a violation is committed, such as an administrative one.
Following the interpretations of the legislator, the acts thatcan be included in the list of unlawful acts protected by law, must correspond to such a notion as signs of legal responsibility, as a result of which the person will suffer the appropriate punishment.
In this regard, it is necessary to highlight the signs of legal responsibility, which radically differ from the other kind of responsibility, namely:
- Provided by the norms of the law.
- Comes with satisfaction of all signs of the crime.
- It is based on state coercion.
- Expresses itself in unfavorable consequences for the offender.
- It is imposed and implemented in the form that is implemented in the criminal and procedural legislation.
"Punishment comes from the authorities."
- Implemented by strictly authorized officials.
According to the current legislation,legal responsibility and its types play a special role in the qualification, as well as give an accurate definition when considering the existing signs of the act, as a result of which the relevant relations and sanctions are applied.
It can be concluded that legal responsibility and its types are of particular importance in punishment, and also play the role of an institution regulating relations in this sphere.