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5.2. Types of legal liability.
Sanctions are divided into two main types according to the way
they serve law enforcement: remedial sanctions are aimed at
eliminating direct harm done to law and order (restoration of violated
rights, enforcement of obligations, elimination of illegal states),
impose penalties, punitive sanctions – the influence to the offender for
the purpose of general and partial prevention of offenses (criminal,
administrative, disciplinary and some other sanctions). Because the
way of protecting the law and order determines the procedure for its
implementation, the main division of responsibilities (as well as
sanctions) is the division into remedial and punitive.
For remedial responsibility, it is essential to define precisely the
already existing responsibilities of the offender and, if necessary,
enforcement. For punitive liability – the correct qualification of the
offense, the individualization of punishment or enforcement, the
implementation of the compulsory measures applied to the offender,
releasing him/her from responsibility when the goals are achieved.
It defines a range of issues, solved within the appropriate type of
responsibility through the procedural form. The latter depends on the
material basis also in that respect, the more severely the sanction, the
more developed this procedural form (the complexity of the normative
detail of the guarantees of truth in the case and the right to protection
is directly proportional to the severity of the sanction).
The complex of norms of material and procedural law, which
determine the sanction and other coercive measures to be applied in
the case of an offense, the procedure (process) and the sequence of
application and implementation of these measures, as well as the
norms defining the rights of the prosecuted person, will form a
normative structure of responsibility.
Significant difference between penalty, punitive and remedial
liabilities is as follows.
Penal, punitive sanctions (criminal, administrative, disciplinary)
are relatively definite, establishing higher and lower limits of
punishment or penalty to be imposed on the offender in accordance
with the circumstances of the offense, the degree of guilt, personality
characteristics and other circumstances. Remedial sanctions are
absolutely definite in nature, since the size of the damage, harm done
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