| Abstract [eng] |
Summary The Element of Fault in the Cases of Administrative Liability and Service Liability The beginning of the legal liability is the violation of law; the end of the restriction of rights of the violator of law. Administrative liability is an independent type of legal liability, the basis for its occurrence is the violation of administrative sanction law. The violation of administrative sanction law is considered only the dangerous activity, for which the liability is provided for by the Code of Violations of Public Order. This means the opposition of violations of administrative sanctions laws to the law. Presence of the fault is the required feature of violation of administrative sanction law. Without fault, the activity may not be recognized as the violation of administrative sanction law, and the person may not be brought to the administrative liability. The Code of Violations of Public Order provides for the administrative liability only to the natural persons. The Code of Violations of Public Order provides for the laws which are applicable directly both to natural persons and legal entities. The economic sanctions provided by some specific laws are, according to their nature, nothing else, but the administrative sanctions. The administrative liability has common features with other types of legal liability. The closest contact is with the criminal liability, what determines the issue of separation of the criminal liability and administrative liability. Offen, two violations of law are made by one act. It is necessary to establish the structure of each of them, in order to know which liability shall be applied. With the adoption of the Law on Public Service in Lithuania, the new type of legal liability – service liability. The service liability appears on the basis of the service offence. The determination of the fault in the service liability is necessary. Without proving the fault of the public servant, the service liability may not be applied. |
