1. Concept;
2. Appearance;
4. Basis;
5. The value of legality and law enforcement in modern society.
1. Concept.
Legal responsibility is the application of state measures
forced to the guilty person for the perfect offense.
Legal responsibility - the legal relationship in which the state enters into the person of its competent authorities, and the offender, which is entrusted with the duty to undergo the appropriate deprivation for the offense committed by them.
2. Appearance.
Yur. a responsibility- arises as a reaction to an offense.
In this regard, the actual basis of its placement is an offense, that is, as a rule, guilty Action or the inaction of the subject contrary to the established law enforcement (illegal) and (or) violating subjective rights other participants civil rightsnOTES.
The offense is the legal fact with which the law, other normative act or the contract binds the occurrence of a protective legal relationship. As part of such legal relations, specific measures of responsibility are applied to the violator or other responsible person.
Types and composition of civil offense.
IN civil law The offense as a specific or generalizing legal fact is fixed by determining its type (variety) and composition.
The appearance of the offense depends on what rights and interests are affected by them. The following types of civilian offenses are distinguished:
1) abuse of law; 2) the implementation of the right to violate its limits; 3) making transactions that do not meet the requirements of the law; 4) failure contractual obligations ; 5) improper execution contractual obligations; 6)causing innovative harm; 7) unjust enrichment; 8) causing moral damage.
3. Types:
Disciplinary responsibility
Civil liability
Criminal liability
Material liability
3.1. Disciplinary responsibility
Lies in the imposition of the guilty face disciplinary penalty The authority of the manager. The main regulatory legal acts in Russian Federation - Labor Code,
Disciplinary Charter of the Armed Forces, the disciplinary charter of the internal affairs bodies.
Application by organs executive power Measures of impact on guilty persons. Main legal act - Code of the Russian Federation on Administrative Offenses. As part of administrative responsibility, the administrative, as well as financial, tax liability and others are allocated.
3.3.Gradan-legal responsibility
Follows from violation of property and personal non-property rights citizens and organizations. The main regulatory act - Civil Code Russian Federation.
3.4.Glass responsibility
Used in judicial order To face guilty of committing a crime. The only regulatory act establishing criminal liability is the Criminal Code of the Russian Federation.
Constitutional liability - applies in the manner determined by constitutional and electoral legislation; It is political and legal specificity and differs from the classical understanding of the Institute of Legal Responsibility.
3.5.Material responsibility
lies in the compensation of property harm caused by illegal action In the performance of labor duties. Material liability is carried by employees for damage caused to the enterprise, organization, institution, as well as enterprises, institutions, organizations for damage caused by workers by injury or other health damage
Basis.
Grounds for responsibility- These are the circumstances, the presence of which makes the responsibility of the possible (necessary), and the absence of it excludes it. Yur. Responsibility arises only due to the prescriptions of the rules of law on the basis of the decision of the law enforcement body. The actual base is an offense. A person can be held accountable only if there are all elements of the composition in its action.
At the same time, the offense in itself does not generate automatically the occurrence of responsibility, does not entail the use of state-forced measures, but is only a basis for such an application. For the real exercise of legal responsibility, law enforcement is needed - the decision of the competent authority to which the legal responsibility is imposed, the volume and form of forced measures to a particular person are established. This may be a court sentence, an order of administration, etc.
In some cases, the law provides for the basis of not only responsibility, but also to be released from it and from punishment. Thus, the person who committed acts containing signs of a crime may be exempt from criminal liability if it is recognized that by the time of investigation or consideration of the case in court due to a change in the situation, the perfect act lost the nature of socially dangerous (Art. 77 y to the Russian Federation). Exemption from criminal liability and on the use of punishment provides, in particular, the transfer of a minor under the supervision of parents or persons replacing them, or a specialized state Body. The possibility of liberation from responsibility is recorded and the norms of other branches of law (for example, Art. 22 of the Administrative Code).
Description of the presentation on individual slides:
1 Slide
Slide description:
2 Slide
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The purpose of the lesson: to form an idea of \u200b\u200bthe main types of legal responsibility to distinguish legal facts by nature to compare the types of illegal actions
3 Slide
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Lesson Plan: Legal Relationships and Legal Facts Offenses Legal Responsibility and its types
4 Slide
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Basic concepts of lesson: legal fact Legal responsibility Administrative responsibility Responsibility Disciplinary civil liability Punishment
5 Slide
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What is legal relationship? What is legal relationship? What is the structure of legal relations? What legal relations are allocated in jurisprudence?
6 Slide
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Legal relations social relations are regulated by the rules of law is protected by the state implies the availability of rights and obligations
7 Slide
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Legal fact Legal fact T - the circumstance provided for by the rule of law, which serves for the emergence (change or termination) of specific legal relations of the event - legally significant facts that do not depend on the will of the human action - legal facts whose offensive depends on the will of the person
8 Slide
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Types of legal action Legal action Legitimate, i.e. Do not violate legal norms Unlawful, i.e. violate legal norms
9 Slide
Slide description:
The offense is an unlawful, guilty, entailing legal responsibility. His signs: public danger, anti-paragraph, wine, delicacility of a person, i.e., the ability to bear legal responsibility, punishment. The offenses are two types: crimes and misdeed. What is the difference between offense crimes?
10 Slide
Slide description:
Crime is the perfect committed socially dangerous Actprohibited by the Criminal Code of the Russian Federation. Discharge (civil, administrative, disciplinary) is an act of an unlawful act, which does not provide for criminal liability of crime in the form of action and inaction. The crime is distinguished from the offense three signs: the perfect should be very dangerous for society and the state. The act must violate the norms of criminal law. A person should be guilty in the deed. No guilt no crime. Wines is a psychological attitude of a person to the acts performed.
11 Slide
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Legal responsibility is the implementation of sanctions established in the standards providing adverse implications for the offender.
12 Slide
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The functions of legal responsibility The punitive reaction of the Company in the face of the state for harm caused by the offender. First of all, it is his punishment. Preventive (preventive) punishment of the offender is a means of warning (prevention) of the commission of new offenses. Educational effective struggle against violators, timely and inevitable punishment of guilty contribute to increasing the responsibility and disciplines of citizens, activating them labor activityAnd ultimately - strengthen the legality and law enforcement. Enforcement (compensatory), in a significant number of cases, legal liability measures are directed not to the formal punishment of the perpetrator, but to ensure the violated interest of the Company affected by the offenses of the subjects, to restore disturbed by illegal behavior public relations Organizing (regulatory) The very fact of the existence and inevitability of punishment provides the organizing beginnings in the Company's activities.
13 Slide
Slide description:
Main types of legal liability view of the responsibility for which there is anyone who places in the formations is implemented 1. Material for damage caused to the enterprise, institution, organization Administration of the enterprise, institutions, organization Penalty 2. Disciplinary for disciplinary misconduct: a violation of labor, educational, military and official disciplines Commissioner on the face warning, reprimand, strict reprimand, dismissal 3. Civil law for violation of contractual obligations property Character, causing property innovative damage court, the administrative authority. Full compensation for harm, fine 4.Administrative for administrative promotion Administrative commissions, courts, internal affairs bodies, customs authorities, etc. Warning, fine, deprivation special rights, confiscation, administrative arrest 5. Criminal Court Definition of Freedom, Correctional Work, Property Confiscation
14 Slide
Slide description:
Circumstances, exempt from legal responsibility and punishment Active repentance of the perpetrator to reconciliation of a person who committed act, with the victims of a change in the situation, as a result of which the person, or the act performed by him ceased to be socially dangerous. Changing the limitations of the conditionally early liberation of the face from serving the sentence due to the expiration of the statute of the indictment. Replacing an indispensable part of the punishment of pregnant women and women who have young children circumstances excluding legal responsibility age. Criminal liability is attracted from 16 years, and for a number of crimes - from 14 to administrative and disciplinary responsibility - from 16 years to civil liability - from 18 years causing harm during the detention of a person who committed a crime Extreme need: Elimination of the danger, directly threatening personality and rights of this personif this danger cannot be eliminated by other means of reasonable risk to achieve a socially useful goal of physical or mental coercion, when the person could not lead the execution of the order in the wrong state
15 Slide
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The basic concepts of the lesson: Punishment - there is a measure state coercionprescribed by the court sentence. Punishment applies to the person recognized as guilty of committing an offense. The purpose of punishment is to restore social justice, correcting the convicted person and preventing the commission of new offenses. Punishment???
Slide 2.
Legal responsibility, on the one hand, is a type of social responsibility, other species of which arise already on the basis of other social norms - political, norms of morality, corporate standards, etc. On the other hand, legal responsibility is a kind of measures of legal coercion, and the most acute species, the most affecting the legal status of the subject.
Slide 3.
Signs of legal responsibility:
1. It has a retrospective nature, that is, it is a reaction to the already consisting behavior, the past behavior (or in any case - the last). The subject cannot bear legal responsibility for his future behavior.
2. The behavior underlying legal liability must be special, namely, to contain signs of a legal violation. In particular, be guilty behavior. Without guilt, there can be no legal responsibility.
Slide 4.
3. Legal responsibility is always associated with state and public condemnation (negative assessment) of the offender behavior. That is why, for example, the verdict in the criminal case is made on behalf of the state.
4. He has a penalty. The essence of this feature is that the offender, as a result of the act performed by him, new legal duties arise (which did not have before the offense). There is an offense legal factwhich causes the emergence of a special - protective legal relationship (between the offender and the state), within which these duties arise and arise.
Slide 5.
5. Legal responsibility has the nature of underdevelopment. Every legal obligation is encumbrance, but as a result of the offense, special duties arise - undergo deprivation of personal, property and other plan.
6. The procedure for imposing legal liability is regulated by the right, that is, the law establishes certain procedural forms of this process.
Slide 6.
The basis of legal responsibility is the offense
Slide 7.
Composition of offenses
The composition of the offense is a system of objective and subjective elements and signs that characterize them necessary and sufficient to recognize the offenses of the offense.
Slide 8.
The composition of the offense, as grounds for the occurrence of legal responsibility, is formed if available:
1. The object of the offense;
2. The subject of the offense;
3. Objective side of the offense;
4. subjective side offense.
Slide 9.
The object of illegal act
The object of unlawful acts are public relations protected by the state and, therefore, norms, legal relations, law and order, democratic society. For the full and comprehensive response characteristic, it is necessary to find out not only what was the object of encroachment, but also what is a person who committed an offense.
Slide 10.
Subject of Offencing
The subject of the offense is a person who has committed an unlawful act, the offender. The characteristic of this person is of interest to address the question of the possibility of bringing it to legal liability.
Slide 11.
Types of legal responsibility
Distinguish 5 types of legal liability:
1. Material;
2. Disciplinary;
3. Administrative;
4. Civil law;
5. Criminal.
Slide 12.
Material liability
Material responsibility is the easiest of legal liability. It lies in the restoration of workers and employees of enterprises and institutions of damage measured in the monetary form, which they caused this enterprise or institution. The fine is charged by the administration of the enterprise and the institutions on the basis of an appropriate order, as a result of which the violated right is restored (reimbursed damage), and this legal relationship is terminated.
Slide 13.
Disciplinary responsibility
Disciplinary responsibility occurs as a result of violation of educational, labor, military, service discipline. This responsibility is to carry an unfavorable ministry of a service. The most common measures of disciplinquintability are: Warning; rebuke; strict reprimand; dismissal.
Slide 14.
Administrative responsibility
Administrative responsibility comes for committing an offenses that does not represent a large public danger ( administrative offense). Most often, administrative responsibility is expressed in the form of a fine or other minor legal restrictions.
Slide 15.
Criminal liability
Criminal liability It is the most difficult and difficult type of legal liability. She comes to commit offenses representing a large public danger and provided for by the Criminal Code of the Russian Federation - a crime.
See all slides
State coercion Legal responsibility is the laying on the person who committed an offense, an additional obligation to undergo unfavorable consequences of warning (preventive) measures for him - these are measures used to prevent possible offenses, as well as to ensure public security The preventive measures of offenses are measures used to terminate unlawful actions or to prevent their harmful effects of protection - these are measures used to ensure the rule of law, by encouraging the subjects of the right to execute duties assigned to them
The basis of legal responsibility is the actual foundation is an offense. Legal foundation is: 1) the rule of law, providing for the possibility of applying responsibility for acts; 2) law enforcement act, which is determined by the type and measure of responsibility, indicating the person on which the specified responsibility is superimposed.
Signs of legal liability 1. Supplement to state coercion; 2. Starts in legal norms; 3. With the imposition of a new additional obligation; 4. Increased in the occurrence of certain negative consequences of personal, property and organizational nature; 5. Not only for the offense; 6. Independent only in procedural form; 7. Receives a retrospective character, i.e. represents the reaction of the state for the past act.
Principles of legal responsibility 1. Legality, i.e. Responsibility occurs only for the act prohibited by the norms of law; 2. inevitability, i.e. No offense should remain unpunished; 3. Justice, i.e. It is impossible to be twice punished for the same thing; 4. Feature, i.e. Attracting liability, taking into account the personality of the violator, the severity of offenses and other circumstances.
Types of legal responsibility by the appearance of an offense administrative material for damage caused by a deliket for damage caused disciplinary offense For damage caused by the crime, civil-legal disciplinary criminal commission for committing a crime for the commission of a misdeed for committing a delique for the commission of an offense for damage caused by the offenssment
. Most of the actions committed by a person in society are legal. For the normal existence of society, compliance with legal norms of all people is required. Any offense contradicts the norms of law, damages citizens, society, the state and will entail legal liability.
Slide 3.
Causes of offenses Social: -Galked problem -Ezrabotitsa -ilanny material wealth - Economic recession psychological: -Moral licentiousness - Human poverty -News to the law, legal nihilism - Biological impunity: -Noriscence
Slide 4.
Legal responsibility - the application of measures of state coercion to the offender in the procedural form established by law.
Slide 5.
Slide 6.
Administrative responsibility comes for administrative offenses from 16 years (for example, for obscene absenteeism). He is entrusted with administrative commissions, court, internal affairs bodies, customs services. Measures administrative punishment: A warning. Administrative penalty. Compensated seizure of the instrument or subject administrative offense. Confiscation of guns or subject. Deprivation of special law. Administrative arrest.
Slide 7.
Disciplinary responsibility occurs for violation of labor discipline from 16 years (for example, late to work). The leaders of the enterprise are entrusted. Disciplinary Responsibility: Comment. Rebuke. Dismissal.
Slide 8.
Civil - legal liability comes from 18 years for failure to fulfill or improper fulfillment of responsibilities in connection with the violation of the subjective civil rights of another person. Assigned to the court administrative bodies. Civil measures - legal responsibility: Penalty Restriction of Freedom Compensation of harm, losses, payment of penalties, etc.