Publication date: 02.07.2024
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Deprivation of the right to hold certain positions or engage in certain activities: an important mechanism of legal liability
Introduction
One of the main types of legal liability is deprivation of the right to hold certain positions or engage in certain activities. This measure is applied in cases where a person who held a certain position or carried out a certain activity committed gross violations of the law, exceeded his authority, caused significant damage to public interests, etc. In this article, we will consider the essence and main aspects of this type of responsibility.
The essence of deprivation of the right to hold certain positions or engage in certain activities
Deprivation of the right to hold certain positions or engage in certain activities is a measure of legal responsibility, which consists in temporarily or for life depriving a person of the right to hold certain positions or engage in certain activities for committing an offense. This measure can be applied both within the framework of criminal and administrative liability.
In criminal law, deprivation of the right to hold certain positions or engage in certain activities is one of the types of additional punishments imposed by the court as an addition to the main punishment (for example, imprisonment, fine, etc.).It is prescribed by the Criminal Code of Ukraine for a certain range of crimes committed by a person using his official position or in connection with the conduct of a certain type of activity. For example, for committing official forgery, abuse of power or official position, exceeding power or official authority, etc.
In administrative law, deprivation of the right to hold certain positions or engage in certain activities is used as an administrative penalty for committing administrative offenses. The most common examples are deprivation of the right to drive vehicles for gross violations of traffic rules, deprivation of the right to carry out certain types of economic activity for violation of licensing conditions, etc.
Purpose and grounds of application
The main purpose of depriving the right to hold certain positions or engage in certain activities is to prevent the commission of new offenses by a person who has already committed gross violations, and to protect public interests from possible negative consequences of further illegal actions by such a person. It is aimed at eliminating the possibility of a person using his official position or conducting certain activities to commit new offenses.The grounds for applying this type of liability are:
commission of a crime or an administrative offense by a person using his official position or in connection with the conduct of a certain type of activity;
the presence of a direct cause-and-effect relationship between the illegal behavior of a person and the harmful consequences that occurred or could occur;
the conclusion of a court or an authorized body on the impracticality of a person's further stay in a certain position or carrying out a certain activity by him in view of the offense committed by him.
The grounds for applying this type of liability are:
commission of a crime or an administrative offense by a person using his official position or in connection with the conduct of a certain type of activity;
the presence of a direct cause-and-effect relationship between the illegal behavior of a person and the harmful consequences that occurred or could occur;
the conclusion of a court or an authorized body on the impracticality of a person's further stay in a certain position or carrying out a certain activity by him in view of the offense committed by him.
Peculiarities of purpose and implementation
Deprivation of the right to hold certain positions or engage in certain activities may be imposed for a period of one to ten years or on a permanent basis (for life). The decision to apply this measure is made by a court or an authorized administrative body, depending on the type of legal liability.
When assigning this type of responsibility, the court or decision-making body takes into account the nature of the offense committed, the degree of guilt of the person, his identity, and the presence of aggravating or mitigating circumstances. It is also important to observe the principle of proportionality, i.e. the severity of the committed offense corresponds to the term of deprivation of rights.
The decision on deprivation of the right to hold certain positions or engage in certain activities is mandatory for the person on whom it is imposed. Failure to comply with this decision entails additional legal liability.Guarantees of implementation and appeals
The legislation provides certain guarantees for the realization of the right of a person who has been imposed a measure in the form of deprivation of the right to hold certain positions or engage in certain activities. In particular, she is given the opportunity to familiarize herself with the case materials, provide an explanation, file a petition, as well as appeal the decision in accordance with the established procedure.
A decision on deprivation of rights can be appealed by a person to a higher authority or to a court. At the same time, the person has the right to receive a reasoned decision, review the evidence that became the basis for applying this measure of responsibility, and the opportunity to provide his own evidence for rebuttal.
Positive effect and limitations
Deprivation of the right to hold certain positions or engage in certain activities is an effective measure of legal responsibility, because it prevents the commission of new offenses by a person who previously abused his official position or a certain type of activity. This contributes to the protection of public interests, prevention of harm to the state, legal entities and individuals.
However, the use of this measure has certain limitations. It can have negative consequences for the person himself, depriving him of the opportunity to realize his professional skills and experience.Therefore, it is important to observe the principle of proportionality when determining the term of deprivation of rights
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