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Civil offenses: types, composition, responsibility

Administrative and criminal law have both similarities and differences. Often people who have nothing to do with the legal sphere confuse these industries. In fact, they regulate the area related to non-enforcement of the law. Of course, a criminal offense has more serious consequences than an administrative one. civil offenses

Main differences

Regarding the regulation of relations, administrative and criminal law have their own fields of action, which in some cases are in contact. At the same time, their norms do not act as an alternative to each other. Administrative and criminal legal relations differ in subjective composition, principles, methods, means and consequences that occur during the implementation of certain prescriptions. The norms of both sectors establish certain rules that must be followed by organizations and individuals, as well as measures that are applied in case of non-compliance.

Administrative, criminal, civil offenses: comparative characteristics, examples

The Civil Code has a number of important features that radically distinguish its norms from the provisions of the above industries. In civil law, all subjects are equal, administrative methods are not applied. This situation can be considered by example. A supply agreement has been signed between the local government and the commercial enterprise. If the company does not comply with the terms of the agreement, then the authorities cannot launch an administrative resource, since both parties are equal under the agreement. The Civil Code does not establish any state coercion, except in cases relating to the implementation of court decisions. But the latter are already in the field of enforcement proceedings.

corpus delicti

Another example in which the norms of all three sectors are manifested. A contract has been signed between the government agency and the company. In the process of its execution, contradictions appeared, for the solution of which the parties appealed to the court. During the meeting, a representative of a commercial enterprise violated the order in the hall, as a result of which an administrative measure was applied to him. It turned out that the evidence was falsified by him. It is already getting subject of criminal law.

We give another example in which the effect of the norms of all three sectors is manifested. So, one person borrows money from another, which is drawn up by the relevant agreement. When the time comes to return the funds, the debtor does not fulfill his obligations. In this case, the question arises: to attract him for fraud or to disassemble this case within the framework of civil law. As practice shows, in such situations, the authorized bodies refuse to initiate proceedings. They justify this by the lack of corpus delicti, referring to civil legal relations. You can solve the problem only by analyzing each specific situation.

Offense: general concept

The current legislation clarifies the term. An offense should be understood as any act, as a result of which any norms are not enforced. Illegal actions have their own classification. So, disciplinary, administrative and civil offenses are distinguished. The last concept in the current legislation does not have a clear explanation. Civil offenses are defined directly in industry standards. The term tort is used in legal language. It represents an omission or action contrary to the rules of the Civil Code.

civil liability

Civil offenses are any guilty acts that directly damage the property of individuals or their personal non-property benefits, dignity, honor, business reputation and so on. Disciplinary offenses are considered, for example, truancy. As administrative offense non-observance of traffic rules on the road may occur.

Classification

The legislation distinguishes the following types of civil offenses:

  • Negotiable.
  • Non-contractual.

The former are directly related to non-compliance with the terms of the agreement between the parties. Non-contractual civil offenses relate to non-compliance with certain legislative norms. Acts such as innocent damage (Article 454 of the Civil Code), objectively random behavior or force majeure (Article 96), cancellation of property (derogation of property interest by legally permissible actions, Article 472) should be distinguished from tort. Civil wrongs are, for example, the conclusion of an invalid transaction, unreasonable enrichment, abuse of opportunities, damage to property of individuals or organizations and other cases established by law. administrative criminal civil offenses

Main elements

Composition of a civil offense without fail includes guilt. Its definition fully coincides with that given in the norms of the Criminal Code. Guilt should be understood as a person’s mental attitude to his behavior and its results. The legal content in this case consists in a certain desire or unwillingness to cause illegal consequences and the impossibility or ability to foresee and prevent (avoid) them. The form of guilt is expressed in negligence and intent. This means that the person who committed the offense will be fully responsible for what he did if his guilt was proved. As a characteristic feature in this industry is the opportunity to apply guilt to both organizations and individuals and other entities involved in relevant relations. administrative and civil offense

Important point

In legal relations, as indicated above, the organization may participate. However, she does not have her own psyche and cannot express her attitude to what she has done. In this case, the concept of guilt is applied to its employee - a representative of the organization. That is, the fault of the enterprise will be derivative. This position is recorded in Art. 402 Civil Code. According to the rules, the actions of employees of the debtor to implement its obligations are recognized by the actions of the debtor. The latter is responsible for committed acts if they entail non-fulfillment or improper fulfillment of established requirements. types of civil offenses

Effects

What does civil wrongdoing entail? Responsibility arises if guilt is proven. At the same time, she is supposed to be until the person concerned refutes the charge. In other words, the presumption of guilt is established in the Civil Code. Due to the fact that a person acts as a causer of damage, the law places an obligation on him to prove innocence.


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