What are sanctions - Reasons and grounds for Application

In the conditions of the modern world, the concept of "sanctions" is directly related to the crisis in the economy. They are introduced in order to cause significant damage to certain industries that are the most profitable for a particular country. But, it is worth considering that the imposed sanctions may adversely affect both sides of the economic or military conflict, but to varying degrees of severity.

Table of contents

1. What are sanctions in simple words

2. Grounds for application

3. What types of sanctions exist

- Disciplinary and legal sanctions

- International legal

- Administrative legal

- Criminal legal

- Property legal

4. Reasons for applying sanctions

What are sanctions in simple terms

Sanctions are a tool used in politics or economics by states and international organizations in order to influence the government or its individual groups. Often, the desired effect is achieved through trade restrictions and investment outflows .

From the Latin "sanction" is translated as "the strictest decree." The concept is an integral part of the legal norm applied to a person who violates the established rules of this norm. Speaking about the legal nature of sanctions, it is punitive. This is a kind of punishment applied to violators.

However, this punishment must be legally justified. A legal or other act must contain all information about the type of sanctions, the specifics of their application, their severity and degree. If these data are not available, the application of sanctions should be considered as a separate offense.

It is unacceptable to consider sanctions as an instrument of revenge for any crime or support for minor groups of citizens who are pleasing to the leadership. In this case, the fact of punishment will be considered as the use of sanctions for personal gain. First of all, they should be applied to protect social norms, as well as protect the stability of society, traditions and formal laws.

2. Reasons for application

Sanctions may be applied for the following reasons:

political and economic sanctions - the decision of the world community;

administrative and criminal - a court decision;

property - the decision of one of the parties to the contract in case of violation of its clauses;

labor - by decision of the company's management.

If any form of punishment is applied without legal support, the sanctions will be declared illegal. It is also worth observing the commensurability of punishment with the committed violation. The reason for exemption from sanctions cannot be an incorrect legal assessment or ignorance of the law on the part of the violator.

3. What are the types of sanctions

Sanctions are a legal instrument, as they must necessarily have a legal character. In the conditions of the modern world, it is sanctions that are one of the most effective means in the fight against offenses. Considering the situation on the example of an individual state, only a crushing blow to the economy can stop a potential violator.

There are the following types of sanctions:

International legal. In this case, a set of sanctions is applied to a group of states or an individual country by the world community due to violation of previously concluded agreements and treaties;

Criminal law. Means the death penalty or imprisonment;

Property law. Includes collection of property, fines, penalties and forfeits;

Administrative and legal. This includes deportation, fines and arrest;

Disciplinary and legal. Widespread in corporate practice.

Sanctions can also mean the transfer of rights from one party to another to carry out some kind of legal action. Regarding a criminal case, there is such a term as "judicial sanction". Thus, the investigator acquires the right to apply criminal prosecution measures against a specific suspect. In addition, in legislative acts one can find the concept of “decree on permission” similar to judicial functions. Thanks to him, secondary persons can carry out the activities necessary for the investigation.

3.1. Disciplinary and legal sanctions

This type of punishment system is used in corporate practice. In labor law, a violation of industrial discipline is called a misdemeanor. This means that the violator does not comply with the Labor Code or the clauses of the contract concluded with the company's management. This type of sanctions at the official level is called a disciplinary sanction.

Among the full list of punishments, several of the most frequently applicable ones can be distinguished, namely:

dismissal, but only if there are sufficient legal grounds;

comment;

deprivation of the award;

reprimand.

According to the Labor Code, disciplinary and legal sanctions must correspond to the gravity of the offense committed. For example, if, according to regulatory legal acts, a reprimand and deprivation of a bonus are provided for a misconduct, the employer does not have the right to dismiss the worker.

If this happens, the management should suffer administrative punishment. At the same time, if we talk about the management of private companies, the employer can independently develop a system of incentives and penalties. But, it should not contradict the norms of the Labor Code or neglect human rights.

3.2. International legal

Most citizens are aware of the international legal nature of the sanctions. This variety of them became popular against the backdrop of the events of 2014, when the Republic of Crimea became part of the Russian Federation. The fact of the forced annexation of the peninsula to the Russian Federation was recognized by the international community, so the countries refused to accept the legality of what happened, despite the referendum held on the territory of Crimea.

As a result, a number of economic sanctions were applied against the Russian Federation, which were supported by almost all developed countries of the world. Economic sanctions, according to international law, are a system of measures that are of a prohibitive nature and with the main goal of blocking the entry of one or more states into specific niches of the world market.

This is one of the possibilities to establish an economic blockade. Such a strategy of pressure is typical for states that in a particular period are engaged in an active foreign policy and recognize the actions of one side or another as illegal. This type of sanctions is applied simultaneously to several or one state in the first case, countries should be united by a common policy or goal.

It also means that if the violator is supported, sanctions can also be applied to other countries. That is why, only some states agreed to recognize the entry of Crimea into the Russian Federation due to the close economic connection. The rest preferred to declare a partial economic blockade.

It is worth knowing that international legal sanctions are not only economic in nature. Based on the example of the events of 2014, a number of other negative consequences can be identified:

imposing restrictions on the work of defense and oil companies;

restrictions on Russia's military cooperation with certain states;

a number of Western companies refused to invest in Russian organizations, taking into account the import of their goods;

freezing of assets of legal entities and individuals .

International legal sanctions imply measures that are justified by the current regulatory legal acts. Informally, the term is applied to almost any punishment applied to individuals or companies that violated public order or previously concluded agreements.

3.3. Administrative legal

In order to fully comply with the norms of public order, Russia has a Criminal Code, as well as administrative law. It provides for a number of sanctions that are applied to a legal or natural person for committing specific illegal acts.

The Administrative Law Code does not include such a term as "crime". Here it is replaced by "offense". The most common type of sanctions in the administrative and legal sphere are fines. They mean cash payments in favor of the budget of the Russian Federation, which the violator must make. Among the entire list of administrative and legal sanctions, several of the most common ones can be distinguished, namely:

Prohibition to appear in specific public and other places;

A warning;

Administrative arrest;

Administrative penalty;

Deportation outside the state. Such punishment is applied to foreigners who have committed an offense within the Russian Federation;

Seizure of items that could potentially be used to disrupt public order;

Deprivation of certain rights, for example, to drive a car.

The above sanctions are often applied to individuals, but the Code of Administrative Law provides for a number of penalties for an organization.

3.4. Criminal law

In judicial practice, together with the term "punishment", the concept of "sanction" is often used. In this area, they are often punitive in nature. If the court decides on the illegality of the actions of the accused, sanctions will be applied against him. They mean the verdict of the court, which will determine the specific punishment. According to the Criminal Code of the Russian Federation, at the moment the most severe sanction in Russia is imprisonment.

As for the timing, it all depends on the severity of the violations. In the course of considering this issue within the framework of the theory of Criminal Law, it can be concluded that the punishment is divided into:

the sanction applied to the violator;

A hypothesis is a prescription that regulates the actions of the parties.

disposition - the basic rule in the course of the trial.

Considering the situation on the example of theft, the hypothesis is a condition on the basis of which persons who have reached the age of 14 can be held liable. Disposition is the fear of punishment for the theft of any property by citizens of the same age. Sanction - imprisonment for a specific period. In this case, it is worth considering the nuances.

If the value of the stolen property does not exceed 1,000 rubles, the court will not consider the violation as a crime for which criminal punishment is provided. The case will be considered on the basis of the Administrative Law Code with the wording “petty theft”, which the violators themselves often know about.

As a result, law enforcement agencies will apply administrative and legal sanctions, which are much softer than criminal ones. For example, for petty theft, the violator is required to pay a fine in the amount of five times the value of the stolen property. In this case, the minimum amount cannot be less than 1000 rubles. According to the law, the injured party will receive this money.

3.5. Property and legal

This type of sanctions is applied in the course of contractual relations. If one of the parties refuses to comply with the obligations under the agreement or does so insufficiently, the other party may exercise the right to apply various types of sanctions. Standard examples of property legal punishment under the contract are related to the failure to return funds received from the bank.

In this case, the violation scheme looks like this:

The parties sign an agreement with a clear payment schedule.

The previously agreed amount is credited to the client's account.

The organization or individual spends the money received on personal needs.

The borrower does not adhere to the frequency of making payments.

The lender, relying on the previously signed agreement with the borrower, makes demands regarding the payment of part of the debt, as well as a penalty for delay.

In this case, sanctions are an additional monetary penalty in the form of penalties and fines. The lender may demand this money from the client as compensation for the delay. Thus, the debtor will be punished for non-compliance with the obligations assumed. In addition, additional sanctions may apply to violators.

For example, the involvement of third parties (collection companies) in the procedure, litigation, which as a result may lead to confiscation of property (if provided for by the contract). In addition, sanctions are applied in the form of worsening credit history . In a special database, the bank enters information that the client has made a delay or has not fulfilled his obligations at all.

Possible additional financial losses serve as an excuse for clients of financial institutions to comply with the payment schedule, and the lender thus tries to obtain guarantees for the return of funds. But, the application of certain sanctions becomes possible only if there are appropriate clauses in the contract.

4. Justifications for imposing sanctions

The justifications for implementing penalties may change depending on the issue, namely:

Sanctions are used by the United States to preserve its own commercial interests, as well as international and national security.

Furthermore, limits are imposed in the case of indicators of a violation of human rights; according to Federal Law No. 281, the Russian Federation's government can impose economic sanctions in the event of threats to security as well as interests.

Sanctions are also imposed when Russian people' rights and freedoms are violated.

The United Nations Security Council enforce sanctions to prevent military wars in the middle east; European Union countries use sanctions to defend international and national security, combat terrorism, illegal proliferation of weapons of mass destruction, illegal annexation of territories, and to protect the integrity of independent states.

Sanctions are an effective foreign policy weapon in today's globe.

In the absence of a favorable result from diplomacy, international bodies and nations impose limits.

When compared to other measures of impact on international law offenders, it is also one of the strategies to reach the intended goals faster and at a lower cost.

Conclusion

Despite the huge number of shortcomings and consequences of sanctions, in modern conditions, they remain the most effective tool for organizing society within the country or in the international arena. Significant sanctions can exclude any of the states from the global market for trade. In this case, without access to technology in each of the economic areas there will be a significant decline and crisis.