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6. Structure of offence.

The structure of offence is a system of elements. Its completeness and integrity is the necessary condition for bringing of the person to legal responsibility.

Legal norms is a legal foundation and offence structure is actual basis for the legal responsibility.

The structure of offence consists of: subject, object, subjective aspect and objective aspect.

Subject – can be delictable natural and legal person.

Object – public relations, social welfare, values, rights and freedoms of the individual, the interests of the state which the offender violates.

The subjective aspect of offences – are attitude of the person to the acts, made by him or her, and their consequences. The main element of subjective party is guilt (intentional or carelessly guilt) . Optional elements of subjective party are the motive and purpose of the offense.

The objective aspect of offences – is external characteristic of the offense, including illegal act (action or inaction), result of the acts and relationship of cause and effect between the act and result.

  1. Concept, features, purposes, kinds of legal responsibility.

Legal responsibility –- is the application to the guilty person of measure of a state compulsion for a perpetrated offences.

Measures of a state compulsion carries character of a personal limitations or (deprivation of freedom), property sanction (confiscation of property).

Legal responsibility is original legal relations between a state and offender, in which the state has a right to take certain measures of influence in relation to the offender and the offender has to undergo the deprivation of personal and property character, established by the state.

The main basis of legal responsibility is offence fulfillment.

The structure of offence is the actual basis for the legal responsibility (the legal fact) and legal norms are legal foundation without which legal responsibility is inconceivable.

Legal responsibility is characterized by the following features:

  1. its base is only an offense;

  2. it is always associated with state coercion (compulsion);

  3. the legal responsibility is characterized by deprivation for the person who committed the offense.

Purpose of legal responsibility:

  1. Protective – is protection of law order. Legal responsibility represents as a measure of protection of person or state from wrongful, social, dangerous certain acts.

  2. Legal restoration is considered in reconstruction of the order right. This purpose is a specially characteristic for civil responsibility. It is considered in necessity to pay damages.

  3. Educational – brings up respect to the law.

  4. Preventive – is considered as the prevention of committal of new offences.

Kinds of legal responsibility:

  1. Criminal (applied only for committal of a crime);

  2. Administrative (applied only for committal of administrative offences);

  3. Civil (incurred for the failure of performance, infliction of property damage);

  4. Constitutional (impeachment of the president, resignation of the government);

  5. Disciplinary (incurred for violation of labour, official, educational discipline.

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