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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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