8. Notion, attributes, composition and types of offence.

Offense - is guilty of conduct pravodeesposobnogo person intentionally or negligently violates the requirement of the law and detrimental to society or to individual citizens, organizations. The offense is characterized by several features: 1) social harm, and 2) the illegality, and 3) guilt, 4) is punishable.

Social harm is an offense that harms the interests of the individual, society and state.

The wrongfulness means that the offense is a violation of applicable law. Wrongfulness of an act can occur in direct violation of the legal prohibition of non-fulfillment of assigned duties, abuse of office, etc.

Culpability is the presence of a person guilty of an offense. The essence of guilt is a negative attitude to the subject of the protected right of the public interest, which are expressed in a socially harmful acts.

Punishable means that for the offense to the offender will be penalized.

Offense depending on the degree of social danger is divided into:

1) crime - socially dangerous acts for which criminal liability;

2) the misconduct - a kind of offenses, causing minor damage to the individual, society and state.

Depending on what area of ​​public relations misdemeanors committed, distinguish administrative, disciplinary, etc.

The composition of the offense includes the following elements:

1) subject - delictual person who committed the offense;

2) The object - a particular benefit or relationships that are protected by the state;

3) the objective side - a wrongful act, vrednonosny outcome and the causal connection between act and result;

4) the subjective side - reveals the mental attitude of the subject to the act committed and its consequences, will focus the offender. The signs are the subjective side of wine, motive, purpose.

9. Notion, aim, functions, reasons and types of legal responsibility.

Offense - the basis of legal liability. Legal liability - it is offensive to the adverse effects of the offender, under the sanction of the legal norm.

Signs of legal liability:

1) relies on state coercion;

2) sets of offenses;

3) associated with the condemnation of the behavior of the offender from society and the state;

4) The competent authority shall be in strict accordance with the law;

5) is expressed in the duties of the person to endure some hardships.

There are: criminal, civil, administrative, disciplinary, financial, economic and legal responsibility.

Criminal liability for committing a citizen of a criminal offense. The specific characteristics of offenses and provided for their committing criminal penalties contained in the Criminal Code of Ukraine. Criminal penalties apply only to the sentence of the judiciary. Measures of criminal responsibility are: imprisonment, fines, correctional labor without imprisonment, confiscation of property, etc.

Civil Law and the economic and legal responsibility for the violations occur in civil or commercial law, failure to meet contractual obligations, causing the injury. Measures of civil and economic and legal liability are paying penalties, fines, penalties, and reimbursement of damages.

Administrative liability occurs when a person has committed an administrative offense. Types and characteristics of the administrative offenses and penalties for these acts contained in the Code of Administrative Offences. The main types of administrative penalties are a warning, fines, deprivation of special rights, confiscation, seizure and other administrative affairs of the Administrative Commission for administrative review executive committees of local Soviets of People's Deputies, judges, officials of the Interior, state inspections and other organs.

Disciplinary liability is incurred in the commission of employee misconduct. For violation of labor discipline, the owner of the company or its authorized body shall be entitled to draw the employee to disciplinary action. The Labour Code of Ukraine provides for the following disciplinary measures: reprimand and dismissal.

Financial liability arises in the case of an employee of direct actual damages enterprises, institutions, organizations with whom the employee is in labor relations. Depending on the damage to the responsibility of the employee may be limited or full amount of the deductions from his salary.