Legal Encyclopedia. Letter O

LEGAL RESPONSIBILITY

-predusmotrennaya legal regulations duty subject of the right to undergo the adverse consequences for him of the offense.

OY is always associated with certain deprivations, ie it is accompanied by the perpetrator causing adverse

consequences, exclusion or restriction of his personal, property and other interests.

The main feature of OY - penalty, punitive purpose. Also O. pravovosstanovitelnuyu performs a function, ie, It is the restoration of violated rights of the individual or the state.

It is necessary to distinguish between the stage: the emergence of O. Yu .; identification of the offense; the official estimate of the offense as a reason OY in the acts of the competent authorities; implementation OY

O. characterized by the following main features:

1) it relies on state coercion;

2) occurs for an offense related stigmatization;

3) is expressed in negative consequences for the offender such as personal, financial, organizational and physical character;

4) is embodied in procedural form. These signs OY are mandatory, and the absence of even one of them shows a lack of OY and allows to delimit it from other legal and not legal categories.

Types O. match types of offenses.

Criminal liability applies for crimes under the Criminal Code

Russian Federation.

Administrative responsibility has its basis an administrative offense: warning, fine, confiscation or compensated seizure of certain items, and other measures.

Civil liability

incurred for breach of the obligations arising from the contract and non-contractual damages.

Disciplinary liability is applied for a disciplinary offense: a remark, reprimand, temporary transfer to a lower paid job and a few others.

Liability of workers and employees apply if they caused damage to the enterprise, organization, institution in the performance of their duties.

The main functions of OY - policing and education of people. These features aim - preventing crime, which is achieved only through the reform and re-offenders, education of all citizens to respect the law.

The basic principles OY are: legality, validity, fairness, expediency, certainty, obligation.