In this paper, we will consider the notion andprinciples of legal responsibility. This term refers to measures of state coercion against a person who committed an unlawful act. In other words, it is the duty of a citizen to answer for the committed crime before the competent authorities that represent the state.
In accordance with the branches of law, as well as with various types of offenses, legal responsibility is divided into:
- civil law;
Objectives and principles of legal responsibility maybe different. Thanks to her, it is possible to maintain order in the society, since in the minds of people there is always the thought that for every offense you will have to pay in full. The system has worked reliably for many centuries, constantly improving and eliminating errors that were previously.
Principles of legal liability
Of course, this kind of responsibility is being builton certain principles, which can not be avoided, since they are the basis of everything. The principles of legal responsibility - this is something that can never be crossed.
The most important in this case is the principle oflegality. Its essence lies in the fact that everything must be based on certain legal prescriptions, since the deviation from them is at least a little unacceptable. Guided by this principle, it can be said that legal responsibility can not occur without an offense, which is specified in the law at the current time; Only delinquent persons can be subject to this responsibility; Only those bodies authorized to do so by law may be legally liable; the punishment is strictly limited by the sanction of the legal norm, and the realization of this responsibility can be carried out only in the procedural form established by law.
The principle described above is very closely related toprinciple of justice. The whole essence of this principle is that the act must be equal to the social consequence, and hence only the severity of the wrongful act depends on the punishment that the person who committed it must suffer. In this case, the nature of the harm caused is analyzed in detail, as well as the degree of public danger.
The principles of legal responsibility arethe principle of humanism. It is based on the fact that in any situation, the first place should be universal values. These values include all kinds of freedoms and individual rights. They are of a natural nature and, of course, are recognized as the most important social value. The ban on torture, bullying, interrogation with addiction, cruel treatment, humiliation of the person and many other things have long been introduced. To date, the death penalty has been abolished in most countries of the world, but even in countries where it exists to this day, this type of punishment may be subject to persons whose crimes are particularly serious. Nowhere pregnant are executed, and also minors.
Legal liability is also based onthe principle of inadmissibility of the analogy of law and the analogy of law. It means that the decision made by the authorized body must necessarily be justified by specific legal norms.
The principle of expediency lies in the fact that, in some cases, the person who committed the wrongful act can compensate for the damage done, thereby relieving himself of legal liability.
Here it is worth mentioning and the presumption of innocence. According to which, no person can be found guilty until the moment when his guilt is proved in a special order, which is established by law. The principles of legal responsibility are somehow connected with this.</ p>