Living in society, a person must comply with social norms and government requirements. His actions must be based on the interests of other people. This is the basis of “responsible” behavior. Thus, responsibility is a relationship between the controller and another subject of society.
Concept of legal liability
Any actions contrary to the law, regardless of knowledge or ignorance of the possible consequences, imply liability. Violation of the rights of third parties causes legal liability.
Legal liability
This is the application of government measures against a subject of law who has committed a legal violation.
Signs of legal liability:
- the presence of an unfavorable outcome (restrictions, deprivations) for the offender;
- establishment of responsibility by a state representative;
- presence of a conscious and unlawful violation;
- condemnation and censure by the state.
Administrative liability in bankruptcy
Administrative liability is prescribed in the Administrative Code and includes warnings, fines and disqualification of persons (deprivation of the right to engage in certain activities). Contained in Articles 14.12 and 14.13 of the Administrative Code.
For example, concealing property during bankruptcy . For an official (director) of a company - a fine of 50 to 100 thousand rubles or disqualification for a period of 6 months to three years.
Satisfying the demands of some creditors to the detriment of others is a fine of up to one hundred thousand rubles, or disqualification of up to 3 years.
Another example is obstructing the activities of an arbitration manager . Including untimely transfer of requested documents and information. An excellent opportunity to pay a fine of 40 to 50 thousand rubles, or be disqualified for up to one year.
Fictitious bankruptcy (Article 14.12 of the Administrative Code) - a fine of up to 10 thousand, or disqualification for up to 3 years. Intentional - the sanctions are approximately the same. And this is provided that there are no signs of a criminal offense in the actions (usually they look at the amount of damage).
Even just failure to file a bankruptcy application , if the company meets the criteria of bankruptcy, a fine of 5 to 10 thousand rubles. Not many, but, as a rule, they will find more violations if desired.
At the same time, administrative liability measures in bankruptcy are applied in cases where the amount of damage caused did not exceed 1.5 million rubles . If the damage is higher, there is every chance of being subject to criminal prosecution.
Get free instructions for self-bankruption of a company.
Principles of legal responsibility
The principles of legal liability establish its limits, grounds and procedure for application:
- Legality: following the requirements of the law;
- Responsibility: punishment only for guilty offenses;
- Justice: responsibility exclusively of the guilty person;
- Individualization: flexibility of the means and methods of punishment applied to the perpetrator;
- Inevitability: the inevitability of the use of government measures;
- Time: legal liability must occur in a timely manner.
Same action, different responsibility
In 2021, when preparing the Explanation of the Commission of the Federal Chamber of Lawyers of the Russian Federation on Ethics and Standards (No. 02/16) “On the application of paragraph 3 of Article 21 of the Code of Professional Ethics of Lawyers,” my good friend and like-minded person Henry Markovich Reznik already tried to defend the idea expressed by him in the article “Avoid Double Liability.” Then the IES did not agree with him, formulating the provision that the application of administrative or criminal punishment to a lawyer does not exclude disciplinary liability. Apparently we didn't finish the argument. And considering that, as the wise say, you can argue only with like-minded people, I will allow myself a few comments regarding this article, which I hope will be received without offense.
Types of legal liability
Legal liability, depending on the nature of the offense, is divided into the following types. Civil law – occurs as a result of violation of obligations under contracts (property nature, compensation for losses of the injured party). Material – liability for violations of labor duties (compensation for damage to the employer). Disciplinary – violation of the established order within enterprises, military units (reprimand, dismissal). Administrative – committing an offense against the state regardless of the occurrence of negative consequences (warning, deprivation of special rights, arrest). Criminal – committing a crime (fine, imprisonment).
Legal responsibility as a multifaceted social phenomenon permeates all spheres of public relations. Such liability can only arise as a result of a culpable violation of the order provided by state bodies. For violating social foundations and state norms, the offender must be punished depending on the type and severity of the violation of law.
Concept and signs of civil liability
1.
Civil liability is the imposition of property deprivations provided for by law or contract on the person who committed the unlawful act, secured by state coercion.
The application of penalties is the application of sanctions
- the emergence, change or termination of a civil legal relationship applied to the offender, forcing him to a certain behavior and clearly undesirable for him. At the same time, not every sanction is a measure of responsibility. Thus, withholding a thing to be transferred to the debtor (Article 359 of the Civil Code) is a sanction, but not liability. Compulsion to fulfill an obligation is a sanction, but not responsibility. The sanction is a genus, the measure of responsibility is a type.
Meaning.
The existence of liability norms and the application (threat of application) of these norms are intended to help prevent unlawful behavior and restore the situation that existed before the offense. In addition, the application of penalties demonstrates condemnation of unlawful behavior; liability is a civil penalty.
2.
Liability in civil law has specific features that, on the one hand, make it possible to distinguish it from other legal liability (administrative law, criminal law, etc.). On the other hand, thanks to the indication of these features, it becomes possible to distinguish measures of liability from other civil sanctions.
These specific features include the following.
1. It is always property
responsibility.
In civil law, influence on the personality of the offender (deprivation of liberty, detention, etc.) is unacceptable. Liability measures in civil law always affect the property sphere of the offender. Their use involves the imposition of an additional property encumbrance (obligation) or deprivation of a property right.
2. Like any legal responsibility, it is ensured by coercion
.
But if most often responsibility is unthinkable without coercion, then in civil law in some cases coercive measures are applied to the offender (for example, a penalty is collected by court decision), and in other cases there is only a threat of using such measures. The offender may voluntarily
impose any hardships on himself (for example, compensate for losses caused by violation of an obligation).
3. Civil law is based on the need to ensure the restoration of violated rights (clause 1, article 1 of the Civil Code). Liability measures are aimed at cost recovery
(loss)
of the victim.
Thus, measures of liability in civil law are characterized
by a compensatory (restorative) function.
But not in all cases exactly compensation occurs - restoration of the situation that existed before the offense, there is limited liability (more on this later).
In addition, it must be taken into account that the main function of any legal liability is punitive
.
It (responsibility) is aimed at ensuring the prevention (prevention) of new offenses. Most civil liability measures organically combine punitive
and
compensatory
(restorative) functions. These include compensation for losses by the offender, payment of many penalties, etc.
With this approach, measures of civil liability appear as simultaneously (and “on equal terms”) combining the focus on restoring the situation that existed before the offense (compensatory function) and on preventing offenses (penalty function). And besides, the presence of a penalty function means that such measures are punitive measures.
4. Responsibility in civil law is the responsibility of the participants in a legal relationship to each other
(debtor to the creditor, tortfeasor to the victim).
It is built on the principles of legal equality
: there is no power and subordination; Each participant in a legal relationship is responsible for the offense committed by him before the other participant.
The liability of participants in a civil legal relationship to the state (public legal liability) is possible only in exceptional cases provided for by law (for example, Article 169 of the Civil Code).
In most other branches of law, on the contrary, responsibility to the state is the general rule.
5. Legal responsibility is always normatively justified
. The law provides for legal facts that give rise to a protective legal relationship, forms and methods of protecting subjective rights, etc.
of discretion applies to some extent in establishing and applying measures of liability.
. For example, you can establish a penalty for failure to fulfill an obligation; if the law does not prohibit, then the amount of the penalty established by law may be increased by agreement of the parties; the victim, at his own discretion, may or may not demand compensation from the offender, etc. However, protective norms of civil law provide less scope for discretion than regulatory norms. Thus, methods of protecting civil rights are provided only by law (Article 12 of the Civil Code), as well as forms of protection (Articles 11, 14 of the Civil Code).
It is unacceptable to conclude an agreement in advance to eliminate or limit liability for an intentional violation of an obligation (clause 4 of Article 401 of the Civil Code).
6. In civil law, not only citizens (individuals), but also organizations (legal entities), as well as the Russian Federation, constituent entities of the Russian Federation and municipalities are held liable.
7. In civil law, the guilt of the offender is assumed
. Therefore, the burden of proving the absence of guilt lies with the offender.
In some cases, the law provides for liability without the fault of the offender, as well as liability for the fault of others.
Like any other legal liability, civil liability is characterized by the fact that it is a negative
the state's response to the crime;
The offender's behavior is condemned
.
3.
Civil liability is implemented within the framework of
protective legal relations
.
Reasons
the occurrence of such legal relations are offenses.
Subjects
The protective legal relationship is the creditor and the debtor, the victim and the tortfeasor.
The creditor and the victim have rights of claim (they are authorized persons). The debtor and the tortfeasor are persons bearing obligations; they are held accountable.
Authorized person
any subject of civil law can be in a protective legal relationship: individuals, legal entities, the Russian Federation, constituent entities of the Russian Federation, municipalities.
As part of legal personality, it is customary to distinguish such an element as delictual capacity
, i.e.
ability to bear responsibility for a civil offense committed. All subjects of civil law, with the exception of individuals, are always
capable of tort, i.e.
If an offense is committed, they may be held accountable. Citizens become capable of tort when they reach the age of 14. They bear property liability for transactions; on a general basis, they are responsible for the harm caused (respectively, clause 3 of article 26 and clause 1 of article 1074 of the Civil Code). However, if a minor aged 14 to 18 years does not have sufficient property to compensate for the damage, then the legal representatives of the minor will compensate for the damage in full or in the missing part, unless they prove that the damage was not their fault (clause 2 Article 1074 of the Civil Code). Such additional liability is called subsidiary
.
Persons under 14 years of age are incompetent. Their legal representatives are responsible for their actions-offences, unless they prove that the harm arose not through their fault (clause 3 of article 28, article 1073 of the Civil Code). Citizens recognized as legally incompetent are also incapacitated. The harm caused by such citizens is compensated by their guardians or organizations obliged to supervise such citizens, unless they prove that the harm arose not through their fault (clause 1 of Article 1076 of the Civil Code).
A citizen who, although legally capable, committed an offense in a state where he could not understand the meaning of his actions or control them, is also incompetent.
A citizen limited in legal capacity is capable of tort: he is liable for transactions and for damage caused (clause 1 of Article 30 of the Civil Code).
Contents
The protective legal relationship is
the right
of the creditor, the victim to demand from the debtor, the causer of harm, the restoration of the violated right and
the corresponding obligation
of the debtor, the causer of harm.
The legal relationship is property, relative, simple in structure of content (unilaterally binding).
