Notion, aim, functions, grounds (reasons) and types of legal responsibility.

Responsibility is a duty to be responsible for violation of rules of behavior. There are such types of responsibility:

- moral;

- political;

- legal.

Legal responsibility is divided into perspective (positive) and retrospective (negative).

In a positive value legal responsibility is implementation of the duties before society and state by the person. It is responsible attitude to the implementation of the duties. It means that there is no negative responsibility, when the behaviour of person does not break the law. The rewards or bonuses are the examples of the positive legal responsibility.

Retrospective (negative) legal responsibility is consequences for offence.

According to the legislation of Ukraine the aim of legal responsibility is not only punishment for offence but also education of offenders, prevention of offences.

Functions of legal responsibility are main directions of legal influence both on offenders and on other persons with the aim of defence of law and order and to educate subjects of law, who have done or can accomplish offence.

Functions of legal responsibility:

- preventive;

- educational;

- repressive (punitive);

- compensative;

- informative.

The ultimate aim of the legal responsibility is reducing to the minimum and in an ideal is the liquidation of offences in the state.

Grounds (resons) of legal responsibility are conditions at presence of which it is possible to punish the offender. They are:

1) presence of legal rule, which foresees composition (structure) of offence;

2) legal fact is a fulfilment of offence;

3) legal capability of subject of offence;

4) presence of legal document about responsibility for subject of offence, which entered into legal force.

There are such types of retrospective (negative) legal responsibility:

Criminal responsibility is the type of legal responsibility to the natural person, who is guilty in crime.

Administrative responsibility is the type of legal responsibility (administrative penalty) of citizens and legal persons for administrative misconduct.

Civil responsibility is the type of legal responsibility of natural or legal persons for violation of contract, for non-contractual property harm and also for violation of the personal non-property rights.

Disciplinary responsibility is the type of legal responsibility (disciplinary penalties) of person for violation of labour discipline.

Property responsibility of workers is the specific type of mutual legal responsibility and mutual property responsibility of worker and employer for harm, which was in the process of labour activity.

Constitutional responsibility is responsibility of the bodies of the state power or public officers for violation of Constitution or constitutional legislation.

International responsibility is responsibility for violation of rules of international law (political, economic and military sanctions).

All these types of the negative legal responsibility have retrospective character.

Дата добавления: 2015-10-30