Page 243 - 6421

to law and order, can be quite accurately determined regardless of the
circumstances of the offense.
A person brought to a punitive liability can’t impose a penalty
by himself/herself. It must be determined by the appropriate state

authorities in accordance with the circumstances of the case and
implemented in accordance with the procedure established by law. A
person who has committed an offense, imposing remedial sanctions,

may before and without the intervention of state authorities,
compensate the caused damage, restore the violated rights, perform
duties, stop the unlawful state. On this basis, applying additional
sanctions to the offender, which compel him/her to restore law and

order, which is impossible and unacceptable in the implementation of
punitive liability. In the implementation of punitive liability to the
offender, one sanction is applied (it may determine the basic and

additional punishment or penalties) for a guilty and unlawful act,
which may contain signs of different offenses. A more severe penalty,
punitive liability absorbs less strict ones (administrative or

disciplinary).
On the one hand, the enforcement of the compulsory measures
envisaged by the law for the offense and, on the other hand, the

observance of the person’s rights accused of the offense, to deny the
charges, to participate in the investigation of the circumstances of the
case, to give explanations, to submit evidence, to challenge decisions
taken in the process of responsibility are common for that and other

types of responsibility.
The coercive measures provided by law that ensure proceeding
of an offense case can be used in the process of exercising liability, –

measures of providing evidence (searches, seizures, etc.) or execution
of a decision (description of the property, its seizure, etc.) and
preventive measures (removal from work, delay, detention, etc.).
These coercive measures are supportive: their application depends on

the severity of the offense, but does not include its final legal
assessment; when applying the sanction they are absorbed by the
appointed punishment, penalty, enforcement.

Penal, punitive liability is used for crimes or administrative or
disciplinary offenses. The emergence and movement of this
responsibility proceeds only in the procedural form and is determined

by acts of state bodies and officials with the appropriate powers.

243