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necessary to apply them for a specific fault; it is impossible to restore
the violated rule of law without restoring specific rights, forcing to
fulfil specific obligations.
The need for an accurate definition of the qualities of the offense
and the coercive measures to be applied in case of its commission
implies a special significance of so-called "dogma of law" while
exercising legal responsibility. Neither evidence of the offense, as
described in the law, nor sanctions, which determine the coercive
measures for it, are not subject to broadening or spreading
interpretation or to be applied by analogy. When applying coercive
measures, it must be proved that the prosecuted person has committed
an offense, the characteristics of which are described in the law, and
as a result the coercive measures are applied on the basis and within
the framework of the law.
Secondly, all types of liability are carried out on the basis of
normative constructions representing the unity of the rules of
substantive and procedural law. The characteristics of the offense and
sanctions for its implementation are stipulated by the rules of
substantive law; the procedure for proving and determining whether
there was an offense and who committed it, and also the appointment
of a specific coercive measure within the limits of the sanction of the
violated norm is strictly regulated by the norms of procedural law.
Legal liability has the following features:
- its basis is only the offense;
- it is always connected with state coercion;
- legal liability is determined by losses for the person who
committed the offense.
The purpose of legal liability is the formation of lawful
behaviour not only for those who committed the offense, but also for
all other members of society.
The functions of legal liability:
- guard – to protect law and order;
- restoration – to restore the violated law;
- preventive – to prevent the commission of new offenses
(prevention);
- educational – to form respect for law; application of measures
of legal responsibility should help to correct and re-educate the
offender.
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