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All offenses are directed against the requirements of the current
legislation or natural human rights, which are not yet enshrined in the
legislation. They can be expressed in active physical acts of the
offender (violation of the rules of the road, theft, hooliganism). In
some cases, offenses are committed as a result of inaction, when the
subject is entrusted with legal obligations by law or contract, and
he/she does not perform them, resulting in harm or social danger. For
example, the guard assumes the responsibility to protect material
values, but he/she did not fulfil his/her duties and there was theft of
property. Therefore, the notion of "action" and "inaction" are covered
by one concept – "act".
Offense is not only an illegal, harmful, dangerous act, but also a
guilty act. No guilty person can be brought to legal liability (with the
exception of innocent liability in civil law). Blame is the mental
attitude of a person to his/her wrongful acts. It has an objective and
subjective sides (as a feeling of guilt).
Punishability means that the current legislation provides for the
structure of offenses and establishes a measure of legal liability. In
this regard, all offenses and responsibilities are legally enshrined in
the law. The question of the responsibility for violating natural human
rights, which are not legally enshrined in the law, must be resolved on
the basis of international legal acts ratified by Ukraine.
In certain types of offenses, especially crimes, it is necessary to
establish a causal relationship between unlawful actions and
consequences. If there is no such causal connection, then a person
cannot be blamed for a specific crime.
All offenses are divided into two groups: criminal offenses and
misdemeanors. Misdemeanors are divided into administrative,
constitutional, financial, civil law, disciplinary (violations of labour
discipline), land, ecological, procedural, marital and family offenses,
etc.
In any society the offense is a social and legal antipode of
lawful conduct. There are many different definitions of the offense.
All of them are come to the fact that the offense is a guilty, unlawful
act of a capable person or persons, which damages the society and
entails legal liability.
The offense has a number of features:
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