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nature. In some cases, damage can be compensated voluntarily
without government intervention. All kinds of responsibilities must
prevent new offenses.
The only basis for legal liability is the commission of an
offense, that is, the existence of the offense in the offender's act.
Legal liability is the application to the person who committed
the offense, the coercive measures envisaged by the sanction of the
violated norm, in the procedure established for this purpose.
The common purpose of all types of liability is the protection of
law and order through coercive measures. This goal, depending on the
nature of the offenses and their consequences, is achieved either by
the compulsory restoration of the violated rights and the termination
of the wrongful states, or by the punishment of the offender, or by a
combination of both.
The following qualities are common to all types of legal
responsibility:
First, the basis of liability is (actual or predictable) offense.
Responsibility is always specific: it is the responsibility of a certain
person for a proving violation of a precisely defined norm of law in
circumstances envisaged by law or other normative acts.
Law, offense and liability are inextricably linked. While
recognizing the necessity of protecting the law by state coercion, we
introduce the concept of offense in the concept of law: the law is
required to maintain social order, to stop the deviation from the most
important behavioural patterns from the social point of view. The very
existence of law is an indicator of the opposition of people’s interests
who cannot agree with each other on the basis of only moral norms.
However, the law is virtually impossible to break, without
encroaching on specific legal relations. Offenses do not cause any loss
and damage to the norms of the law, if they continue to operate and
are considered to be obligatory; they are harmful or dangerous to
specific rights and interests protected by law, for the stability of a
certain area of public relations. Offense is a specific fact, the legal
definition (qualification) of which is in the law. Legal coercion is the
same: it can apply only to specific individuals (subjects of law) for
precisely defined violations in the sphere where people communicate
with each other, enter into a relationship. It is impossible to apply
sanctions for "violation of law in general", but it is possible and
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