Студопедия  
Главная страница | Контакты | Случайная страница

АвтомобилиАстрономияБиологияГеографияДом и садДругие языкиДругоеИнформатика
ИсторияКультураЛитератураЛогикаМатематикаМедицинаМеталлургияМеханика
ОбразованиеОхрана трудаПедагогикаПолитикаПравоПсихологияРелигияРиторика
СоциологияСпортСтроительствоТехнологияТуризмФизикаФилософияФинансы
ХимияЧерчениеЭкологияЭкономикаЭлектроника

Actions are divided into legitimate and illegal.

Legitimate actions are actions which do not break the law. They are divided into legal acts and actions.

Illegal (wrong) acts are actions which break the law. They are offences. Offences divide into misconducts and crimes.

3.

Legal conduct is the acts of individual or collective subjects, which are controlled by their consciousness and will, have a social value, are foreseen by the legal rules, have legal consequences.

 

Legal conduct is divided into legitimate and illegitimate (wrong).

Legitimate conduct is the acts of person, which are foreseen by law. Behavior is legitimate when it does not conflict with a legislation, is publicly useful, guaranteed and guarded by the state. It is publicly needed, desirable and possible. A subject can carry out it in forms: to use legal subjective rights, observance to prohibitions, which are created by law, carry out duties, which are created by law.

There are a few classifications of legal behaviour. According to psychological attitude of the subject to conduct (behavior) are:

 

Legal activity is voluntarily realization of legal rules, when the subject is sure of the necessity and justice, knows law well and participates in legal activity.

Ordinary legal conduct is when the subject executes the law on habitwithout reflections and doubts.

Conformal conduct is passive (adaptation) attitude to the law, when a person operates on principle "do how other do ", desires not to be differ from other, who have lawful behavior, is the reason of such a kind of legal behavior.

 

Marginal conduct is when a person does not break the law, because he or she is afraid of legal responsibility for an offence. The person, who has such a type of conduct is ready to the illegitimate (wrong) actions in an uncontrolled situation.

 

4.

An illegitimate (wrong) conduct is the conduct (behavior), when a person breaks the law.

 

An offence is a publicly dangerous, guilty, wrong act of a subject, who has legal personality, such a conduct breaks the legal ruls.

 

An offence has such attributes:

- this is a publicly-dangerous or harmful act;

- this is an illegitimate act (action or inactivity), which conflicts with the rule of law;

- this is a guilty act, which foresees misdemeanour (guilt) of a person, who have done an offence;

- this is a legally punishable act, which foresees legal responsibility for concrete violation of legal rule;

- causal connection between an offence and consequences. It is impossible to accuse the person in concrete offence, if there is no such a connection.

 

An offence has a composition of an offence, which includes such elements:

- an object of an offence;

- an objective side of an offence;

- a subject of an offence;

- a subjective side of an offence.

Objects of an offence are public relations, social values, which are guarded by the legal rules, an offence encroaches on such relations and social values. For example, property, life and health of a person, state security etc.

 

An objective side of an offence is exteriority of an offence. It is consists of illegitimateacts (an action or inactivity), dangerous effects for society and a causal connection between actions and consequences. A place, time, methods, instruments, circumstances of an offence are the elements of an objective side of an offence.

 

Ideas, persuasions are not offences, because they are not acts.

A subject of an offence is a natural or a legal person, who has full legal capability, can be a subject of legal responsibility.

A subjective side of an offence is internal psychical attitude of a subject to the illegitimate act and consequences. The subjective side of an offence is characterized by misdemeanour (gilt), aim and reasons of offence.

 

Misdemeanour (gilt) is psychical attitude of a person to the publicly dangerous action, which she/he committed, and publicly dangerous effects.

Misdemeanour can be in two forms: intention (direct, indirect) or carelessness (criminal self-confidence, criminal negligence).

 

Aim is the idea of a person about a desirable result, to which she/he aspires, when she/he makes offence.

Motive (reason) is a reason of an offence.

 

According to the degree of public danger and harmfulness offences can be misconducts and crimes.

 

Misconducts are publicly harmful offences, which do not present a large public danger. They are divided into:

- disciplinary;

- civil;

- administrative.

 

A crime is a publicly dangerous, guilty, illegitimate action of a subject, who has full legal capability, which contradicts the legal rules, and criminal juridical responsibility comes for such actions.

5.

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 a 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 an offence.

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 a crime.

 

Administrative responsibility is the type of legal responsibility (an administrative penalty) of citizens or legal person for administrative misconducts.

 

Civil responsibility is the type of legal responsibility of a natural person or a legal person 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 a person for violation of labour discipline.

 

Property responsibility of workers is the specific type of mutual legal responsibility and mutual property responsibility of workers and employers 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 the 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.

According to the legislation of Ukraine the aim of legal responsibility is not only punishment for an 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 people with the aim to defence law and order and to educate subjects of law, who have done or can accomplish offence.

 

Functions of legal responsibility are:

- preventive;

- educational;

- repressive (punitive);

- compensative;

- informative.

 




Дата добавления: 2014-12-15; просмотров: 111 | Поможем написать вашу работу | Нарушение авторских прав




lektsii.net - Лекции.Нет - 2014-2024 год. (0.01 сек.) Все материалы представленные на сайте исключительно с целью ознакомления читателями и не преследуют коммерческих целей или нарушение авторских прав