Ignorance of the law is no excuse. What is the liability for violation of the law?

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2019-02-28 19:00:34

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The law arose in society as an objective necessity, it gives it the necessary stability and allows each person to be confident in the protection of their rights from different types of attacks. It is responsible before the law.

ignorance of the law is no excuse

The Basic principle of modern legislation

The Legal reality has not always existed, it has passed a long period of formation, development and changing according to the dictates of time. The modern legal system is characterized by heavily humanistic focus, in particular, in many countries there is no such punishment as the death penalty. Legal doctrine developed state considers a person as a partner. According to her, all the institutions of the countries recognize the natural rights of man, and they are enshrined in all legal acts, including the Constitution. In turn, the state expects every citizen to respect and deference to legislative acts. But how would any humanistic modern law at its core, it is hard to respond to all offences. Therefore, even ignorance of the law is no excuse.

legal liability

The Emergence of law as a social regulator

After a short excursion into the depths of history, we can see that the responsibility for violation of the law were sometimes very cruel. These are mostly quite distant from us epoch. The fact is that the government tried to keep the population in subjection, the Foundation of which was fear. Then, too, acted the same principle: ignorance of the law is no excuse. However, in those days committed the crime was sufficiently apparent, and that's why he had such an important legal aspect as it is now. The base of the ancient justice is morality. These social regulators had practical application in all areas of public relations, therefore, during the formation of the legal system they helped people to learn the essential principles of the hostel. After all, the temptations have always been numerous, and morality only condemned the negative aspirations of different people, but in fact the real punishment is not imposed.

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“Privileged”

That's when the leaders of the tribes, and subsequently the whole privileged part of the society, began to think about a more effective way of regulating social relations. So, with vozniknovenii state appears and its integral part - the system of law. Initially, it is, in fact, was of a pronounced class character. For example, the first written set of laws of ancient state - a vivid proof of that. “Russkaya Pravda» quite clearly defended the interests of the propertied strata. At the same time, of course, the vast majority of the population of Kievan Rus could not read, but ignorance of the law does not exempt from punishment any of the categories of residents of the East Slavic state. This was guided by the princely Chiune and managers. Of course, the government protects and all other groups of the population, but it was only the necessity to save power.

responsibility for violation of the law

Evolution consciousness

As of social development has varied and the system of law, it became more democratic and liberal. In the period of bourgeois States in Europe, it has undergone drastic changes, this process can even be called a revolution of justice. The first brick of the future foundations of the legal state laid adopted in France in the late eighteenth century "Declaration of the rights of man and citizen". It was the first time the inalienable natural rights of man was legally formalized and recognized as such. Then there was a rollback and even strengthening compound punishing rights in favor of the interests of the state with scant regard for human rights. It is very well observed on the example of Nazi Germany and Bolshevik USSR. Responsibility before the law was extremely radicalized, with use of unjustified brutality even suspected of disloyalty to the state foundations. Regulations constantly change, and yet ignorance of the law is no excuse citizens advice. But rather, serves as an aggravating circumstance.

Humanism in the legal aspect

After the fall of the totalitarian inherently political regimes, there comes a Renaissance of social justice. In all European countries human rights and their observance was placed at the forefront of national legislation. Later all the rethinking of legal values applied in the countries of Eastern Europe and Russia. It was connected with the processes taking place in these States in the late 80's and early 90-ies of the last century. The national law system experienced significant changes in the regulatory framework. Increased humanistic basis of legislation. However, the law remained unchanged. This, in turn, means the necessity of its existence for any state, regardless of the political regime and ideology that prevails insociety.

ignorance of the law is no excuse

Russian law

A Modern legal framework of our country has more than thirty branches of the law, governing the whole array of social relations. Each of them is designed to only adjust the characteristic of a particular area encountered a variety of people interaction. The process of legislation goes through five consecutive stages:

  • Legislative initiative.
  • Discussion in Parliament.
  • The adoption of the law in the State Duma.
  • The Adoption of a normative act in the Federation Council.
  • Signing and promulgation of the law.

ignorance of the law excuse

Only after that he shall come into force throughout the country. Also in sentencing lawyers operate with such concepts as capacity and capability. In the first case, this means that every person should have natural rights from birth, which nobody can deny. In the second case it refers to the ability of their actions to exercise their rights and obligations, and if a person is recognized incapable, then ignorance of the law excuse. In all other cases it is excluded.

The Russian legal system provides for various sectoral responsibility for violation of laws. Depending on the gravity and public danger of the following types vzyskanii:

  • Administrative-Pravovoe.
  • Grazhdansko-Pravovoe.
  • Disciplinare-trudovoe.
  • Ugolovno-Pravovoe.

All these types of responsibilities involve interventions by the state and its organs. Most severe is a criminal prosecution, in special cases, the punishment for this law can be expressed in a life sentence. In General, however, legal liability is very variable.

To summarize, it can be noted that the right is undoubtedly an important part of any modern society. The entire legislative framework is impossible to know, so in their actions the person should be very careful because ignorance of the law is no excuse, and this is true justice actions legal norms.


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BE: https://tostpost.com/be/zakon/29551-nyavedanne-zakona-ne-vyzvalyae-ad-adkaznasc-yakaya-snue-adkaznasc-za-p.html

DE: https://tostpost.com/de/das-gesetz/29207-unkenntnis-des-gesetzes-befreit-nicht-von-der-verantwortung-welches-is.html

ES: https://tostpost.com/es/la-ley/29099-la-ignorancia-de-la-ley-no-exime-de-la-responsabilidad-cu-l-es-la-resp.html

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PT: https://tostpost.com/pt/a-lei/30668-a-ignor-ncia-da-lei-n-o-exime-de-responsabilidade-qual-a-responsabilid.html

TR: https://tostpost.com/tr/hukuk/27459-hukuk-cehalet-mazeret-olamaz-ne-var-sorumluluk-hukukun-ihlali.html

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Alin Trodden - author of the article, editor
"Hi, I'm Alin Trodden. I write texts, read books, and look for impressions. And I'm not bad at telling you about it. I am always happy to participate in interesting projects."

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