Legal liability is that form of social liability consisting of the complex of related rights and

obligations which, according to the law, are born as a result of the production of illicit deeds and
which constitute the framework in which the sanction is applied and executed.

Legal liability is defined as that form of social liability arising from the violation of legal norms
by an illicit act and which determines the bearing of the corresponding consequences in the
person of the guilty to restore the violated rule of law, including the use of state coercion.

FORMS OF ADMINISTRATIVE LEGAL RESPONSIBILITY

We can analyze and classify the forms of administrative-legal liability according to various
criteria:
a) According to the criterion of the legal nature of the liability:

1) disciplinary legal liability

2) contraventional legal liability
3) civil legal liability
4) criminal legal liability
The first three appear as a result of the violation of some values that the state understood to
protect through sanctioning norms, establishing a functional graduality of the gravity of the deed,
of the value reached, and of the degree of social danger of the imputable deed.

b) According to the criterion of the branch of law in which the legal norms that can be
violated can be included, a violation that attracts the legal responsibility of the guilty
authority or civil servant:
1) legal liability under public law (disciplinary, contraventional, criminal)
2) the legal liability of civil law.

This form of legal liability is provided in the Statute of Civil Servants and a series of special
laws, intended for special categories of civil servants.
The statute thus defines the disciplinary liability: the culpable violation by the civil servant of the
duties corresponding to the public office he holds and of the norms of professional conduct and
career, provided by law, he complements and provides that these violations constitute
disciplinary offenses and attract disciplinary liability. them.
It results that the grounds for disciplinary liability are only the facts expressly provided by law as
disciplinary violations, the other violations with specific damaging effects may take the form of
contravention, civil or criminal, as appropriate.
Therefore, the disciplinary violation derives from the legal norms that defined the violation and
specify its constituent elements (objective side, subject, subjective side, and sanction), as well as
the procedure followed, competence to find and apply disciplined sanctions and remedies against
the applied sanctions.
Being always a concrete deed, the deviation must meet all the minimum necessary and
circumstantial constitutive elements: subject, subjective side, object, objective side sanction.

Constitutive elements of the disciplinary violation

The object: in administrative law, the object of the disciplinary violation is the social value
harmed by the sanction or crime of civil servants, this results from the content of the legal name
that provides for the disciplinary violation and the sanction applicable in case of violation.
Subject: in administrative law, the subject of misconduct and disciplinary liability is always the
civil servant, ie the natural person who is appointed, following the law, in a public office, public
dignity, or public authority, including delegated civil servants.

Objective side: in administrative law, the objective side has a descriptive legal character, in the
sense that, for each type of deed considered a disciplinary offense, the law specifies, describes,
explains the actions or inactions considered to be deviations, as well as the circumstantial
elements of time and place of their commission.

Subjective side: in administrative law, the subjective side defines the author's guilt, either in the
form of direct or indirect intent or in the form of guilt out of ease or simple guilt.

The facts that constitute disciplinary violations

In defining the duties that he considers disciplinary violations, the legislator stopped only on the
following aspects:
1) systematic delay in performing the works
2) repeated negligence in solving the works
3) interventions or efforts to resolve requests outside the legal framework
4) manifestations that bring the prestige of the public authority or institution in which it carries
out its activity
5) carrying out during the working hours some activities with a political character
6) unmotivated absences from work
7) non-compliance, repeatedly, with the work schedule
8) non-observance of professional secrecy or confidentiality of works of this nature
9) manifestations that bring to the prestige of the public authority or institution in which it carries
out its activity
10) refusal to perform duties

Sanctions that can be applied to civil servants

1) written reprimand
2) reduction of salary rights by 5 - 20% for a period of up to 3 months
3) suspension of the right to advance in the salary ranks or, after the case, of promotion in the
public position for 1-3 months
4) transfer to a lower position, for a period of up to one year, with the corresponding decrease in
salary
5) dismissal from office

Procedure for finding and applying sanctions

The activity of the commission is based on the observance of some principles:
a) presumption of innocence (The civil servant is considered innocent as long as his guilt has not
been proven)
b) guaranteeing the right to defense (the right to be heard to present evidence in his defense and
to be assisted by a defense counsel or a representative is recognized)
c) speed of proceedings (obligation to proceed without delay in resolving the case in compliance
with the disciplinary procedure)
d) adversarial proceedings (ensuring the possibility, for the civil servant, to express himself
regarding any act or fact related to the imputed deviation with which the commission was
notified)
e) proportionality (a correct ratio must be observed between the gravity of the violation, the
circumstances of its commission, and the proposed disciplinary sanction)
f) legality of the sanction (the commission can propose only a sanction provided by law)
g) the uniqueness of the sanction (for a disciplinary violation only one disciplinary sanction can
be applied)
It is provided by GD ( Govern Decicsion) art. 121/07 2003, which stipulates that disciplinary
sanctions can be applied only after the preliminary investigation of the deed and after hearing the
civil servant considered guilty, meaning that within the public authorities disciplinary
commissions are set up, competent to investigate the notified acts and to propose a sanction,
except for the reprimand that can be applied directly by the head of the authority, at the proposal
of the head of the human resources department;

Constitutive elements of the contravention

- the object of the contraventional liability (the social values protected by law that are found in
the norms that provide for the applicable contraventions and sanctions)
- the subject of the contravention (the active and guilty subject of the contravention is,
unconditionally, either a civil servant, respectively the natural person appointed under the law in
a public office, for attributions that belong directly and exclusively to him, or an authority or an
institution publishes, as a legal person, for those attributions that belong to it
- the objective side (consists in actions or inactions of civil servants; they are always provided by
law, being qualified and delimited by the legislator, when their social danger is lower than in the
case of crimes
- the subjective side refers to the attitude of civil servants towards the committed deeds and their
consequences, respectively to the volitional elements with which they acted or did not act in their
commission, which define either the intention [direct or indirect], or the fault [easily or simple
fault])
- the sanction (is, in principle, the same that applies in the common law for any person or
employees, respectively the warning or the fine. Some special laws may provide other specific
sanctions, thus there is the complementary sanction of confiscation of goods used in committing
contraventions, only in so far as they belong to the office or if they, even in the public or private
property of the authority or institution concerned, are prohibited from possession or use

The center of matter

The headquarters of the matter can be found in the Statute of civil servants and other special laws
regarding some categories of civil servants, completed with the common law, respectively the
Government Ordinance no. 2/2001 regarding the legal regime of the contravention
The statute specifies that the liability of civil servants is engaged in the situation in which they
commit a contravention during and in connection with the service and the applicable sanctions
are the warning or the fine.
The establishment of the contraventions
- cases that could remove the responsibility of civil servants (they are generally those accepted in
common law, specifying that some, such as the minority of the perpetrator, do not find
application in administrative law)
- the personal character of the contraventional liability (represents a feature that must be taken
into account when applying a sanction against a civil servant or an authority or a public
institution, as a legal person, as in this matter the joint and several liabilities of both is excluded,
people)
- specific character (contraventional sanctions can be applied in parallel or together with
disciplinary or civil ones, but not with criminal ones, as an act cannot constitute, at the same
time, a contravention and a crime)
- the ascertainment of the contraventions committed by the civil servants can be made by the
bodies that exercise the specialized external administrative control over their activity, among
which we mention the following: Court of Accounts, Inspectorates for Emergency Situations,
Sanitary-Veterinary Police, etc.
- the facts, for the violation of which against the civil servants can be applied contraventional
sanctions. The normative acts provide the norms, which regulate the fields of activity that have a
tangent with the attributions and responsibilities of the civil servants within the public authorities
or institutions in which they operate;

Civil liability of civil servants

The seat of matter
This form of legal liability is expressly regulated by the Civil Servants Statute (in art. 78 and 79)
and in special laws or statutes, for various categories of civil servants, sometimes together with
their patrimonial, material liability. As in the current form, no prediction is made regarding the
patrimonial liability of civil servants, in situations where they, by their deeds, harm the authority
or institution to which they are employed, the rules of civil law apply.
The headquarters of the matter for the situation in which compensations are paid for damages to
third parties, as principal, is found in art. 13 of the Law on administrative litigation no.
544/2004;

The civil liability of the civil servant for the damage brought to the authority or institution
to which he is employed has common features with the liability from the labor law but also
a series of particularities.
- the person who created the damage must be a civil servant, the damage must have occurred
during the exercise of his duties or in connection with them and the quality of civil servant must
have been held at the time of the damage.
- the civil liability of the civil servant is always individual, not joint and several, except in
situations where the civil servant calls in bail, according to the Law on Administrative Litigation,
the superior or hierarchical from whom he received the order or written order that applied,
created the damage
- the civil servant, unlike the ordinary employee, who is effectively liable only for the material
damage, is also responsible for the moral damage suffered by the person who considers himself
harmed by his action or inaction
- the civil liability of the civil servant, in the sense provided in the Statute of civil servants,
maybe cumulated with the disciplinary, contraventional, or criminal liability.

Test case on liability

Legal liability is a variety of social liability, it can also be considered main. It is a multitude of
rights and obligations that arise from the usurpation of a legal norm, resulting in sanctions
applied by public authorities to restore law and order. Administrative liability is a form of legal
liability that occurs when an administrative offense has been committed in violation of the rules
of administrative law or another law, for which special sanctions are established by a precise
procedure between public authorities, bodies, or individuals. Administrative liability has several
forms: administrative-disciplinary liability, administrative-contravention liability, administrative-
criminal liability, administrative-patrimonial liability.
The issue of administrative-legal liability is one of the most important in a rule of law. The
legal regime of administrative liability is considered one of the current issues. The application of
forms of administrative liability is more effective in practice because its role is to punish for
violating the legitimate rights and freedoms of the person, property, public order, and other
values protected by law. It follows that to protect these values, any violation of the law must be
sanctioned.
The occurrence of administrative liability is a real and practical process, and the application
of a verbal sanction makes no sense. In practice, an important role is played by the features,
particularities, and principles of a form of administrative responsibility to be differentiated from
other forms of administrative responsibility.
The topicality of the respective issue comes from the moment of the appearance of the
rights and obligations that fall under the incidence of the administrative legal norms.
The issue of administrative liability will be constantly current, because contraventions,
crimes, and other violations of the law are committed every day for various reasons. The study
aims to examine the legal regime of administrative liability for the achievement of which the
objectives are set:
- to define legal liability and administrative liability;
- to determine the specific features of the forms of administrative liability;
- to define the illicit acts characteristic of each form of administrative liability;
- to present a schematic comparison of the forms of administrative liability.
1. General notions
For a start, we must know that legal liability, by its nature, is divided into several forms of
liability: criminal, misdemeanor, disciplinary, civil, patrimonial, and last but not least -
administrative.
In turn, administrative liability has several forms: administrative - disciplinary,
administrative - misdemeanor, administrative - criminal, administrative - patrimonial. To reveal
the delimitation of the forms of administrative responsibility, we will first define each form
separately.
Administrative-disciplinary liability occurs when a duty of service of a civil servant is
violated with guilt, as well as the work discipline, which constitutes a disciplinary violation.
The administrative-disciplinary liability represents the legal reality materialized in a
complex of correlative rights and obligations, the content of the sanctioning legal relations,
established between a body of the public administration authority or a civil servant and the
author of an administrative violation.
Administrative-contraventional liability is a form of legal liability that occurs after the
civil servant commits, during working hours, the acts that constitute a contravention.
The legal doctrine states that the contravention liability appears in connection with the birth
of a conflict report. In the case of the contravention law, the contravention liability arises as a
result of the violation by a subject of the norms prescribed by the contravention law, in other
words - following the birth of a conflict.
The contravention liability, in its essence, is the realization of a relationship of coercion, in
other words - of conflict.
Administrative-criminal liability is regulated by the norms of criminal law and applies to
the civil servant in case of committing an offense in connection with the performance of his
duties according to the position he holds. The administrative-patrimonial responsibility
intervenes in case of committing an illicit deed by the public authorities and the civil servants
when they caused damages.
According to Professor A. Iorgovan, in administrative law, there are two forms of
individualized liability through a repressive sanction: actual administrative liability and
misdemeanor liability and a form of individualized liability through a remedial sanction -
liability of public administration bodies for damages caused by their illegal acts, in other words,
the administrative patrimonial responsibility.
2. Particularities
Administrative liability is a distinct category of legal liability and a component of
administrative coercion is represented by a set of rules of administrative law and is based on the
occurrence of the wrongful act (action or inaction). According to the literature, each form of
administrative liability has specific features, which we will present below:
Peculiarities of administrative-disciplinary responsibility:
- is a form of administrative liability;
- has a strictly personal character (exception: collegiate bodies);
 - the sanctions are applied by the administrative bodies;
- the subject is the civil servant;
- is specific to labor relations.
Peculiarities of administrative - contravention liability:
- the illicit deed constitutes a contravention;
- the content is formed by the rights and obligations of the civil servant;
- the object is specific - violations and contravention sanctions;
- the only ground for the application of the sanction is the contravention committed with
guilt;
- the contravention is the cause and the basis of the contravention liability.
Peculiarities of administrative - criminal liability:
- the illicit deed constitutes a crime;
- the object is crimes and criminal penalties;
- the crime is the cause and the basis of liability and the punishment is the consequence;
- social values aim at the existence of society.
Peculiarities of administrative-patrimonial responsibility:
- intervenes when damages caused by the administrative act occur;
- the deed can be legal but also illegal, but which can cause damages;
- refers to both material and moral damage;
- the court is exposed to the existence of the damage;
- the liability of the public authorities is solidary compared to that of the civil servant who
issued the act.
3. Illicit acts generating liability
Specific to the administrative-disciplinary liability is the disciplinary violation as an act
committed with guilt by the civil servant in connection with his work, which is manifested by
action or inaction, consisting in a violation of legal rules, internal regulations, contract
individually or collectively work.
Speaking of administrative-contravention liability, the illicit deed is the contravention that
is manifested by an act (action or inaction) generating a contravention liability with a lower
degree than the crime but also committed with guilt that violates the values protected by law.
The illicit deed within the administrative-criminal liability is the crime which is an act
committed with guilt, by action or inaction, which brings damages, is provided by the criminal
law and is successive to punishment according to the criminal law.
According to the administrative-patrimonial responsibility, here we can notice the damages
- the damage suffered by a person as a result of the violation of his non-patrimonial personal
rights or as a result of causing moral suffering and the recovery of the damage.
According to the specialized literature, we can delimit the forms of administrative
responsibility according to various criteria, which we present below in the tabular form:
Differentiation Administrative Administrative Administrative Administrative
criteria  disciplinary contraventional criminal patrimonial
liability liability liability liability
The subject Civil servant Civil servant Civil servant Civil servant
Public authority

The branch of Administrative Contraventional Criminal law Administrative

law law law law
Labor law Labor law
The tort Official Misdemeanor Felony Damage
misconduct Injury
The applicable 1. RM 1. The 1. The Criminal 1. The
law Constitution Constitution of Code, Constitution of
2. The law on the R.M., 2. The code of the R.M.,
 civil service and 2. The law on Criminal 2. The law on
status public office and procedure to public office
official official status 3. The and
public, public, Constitution of status
3. Labor code. 3. The code R.M. official
Offenses 4. The law on public
4. other laws to public office 3. The law
and status contentious
official public administrative
4. Labor Code
The ascertaining The public The official The prosecution The public
body authority inspector authority
The body which 1. The superior 1. The official The court The court
applies the institution inspector
penalty 2. The diversion 2. The court
comitee
The prescriptive 6 months from 12 months from 1. Serious 3 years
terms committing a the date of the offenses -
misconduct ofence they have no
deadline
determined,
2. Easy-term
crimes have a
Determined
deadline
The principles 1. The principle 1. The principle 1. The principle 1. The principle
of research of legality of legality of legality
prior, 2. The principle 2. The principle 2. The principle
2. The principle of equality of humanism of equality
of 3. The principle 3. The 3. The principle
individualization of democratic of solidarity
sanction. righteousness principle 4. The principle
4. The principle 4. The principle of the personal
of the personal of the personal character
character character of the liability
of the liability of the liability
offenses 5. The principle
5. The principle of retroactivity
of of the
individualization criminal law
The sanctions 1. Warning, 1. Warning 1.Amenda 1. Fine
2. Rebuke 2. Fine 2. Deprivation 2. Confiscations
3. Rough rebuke 3. Deprivation the right to
4.Suspension of the right carry out an
the right to rose to carry out a activity or to
through the certain activity has some
ranks or functions.
5. Suspension to own some 3. The prison
salary functions.
advancement 4. Dismissal
6. Dismissal from
from Function
 public office 5. Contravention
arrest
The Causes that 1. Execution 1. Voluntary 1. Amnesty 1. Execution of
remove liability the legal order waiver 2. Pardon the supervisor
of 2. Insignificant 3. order
supervisor contravention, Reconciliation
attempt
3. Prescription
4. Amnesty
The Causes that 1. Legitimate 1. The state of 1. Self-defense 1. Self-defense
remove the defense irresponsibility 2. Perp’s 2. Extreme state
ofence 2 .Extreme need 2.Extreme state detention need
characters state need 3.Extreme state 3. Physical and
3. Physical and need mental
mental 4. Physical and constraint
constraint mental
4. Reasoned risk constraint 5.
5. The fortuitous Reasoned risk
case 6. Execution
of the
supervisor order

Conclusion
Administrative liability is a legal form of punishment of persons who have committed an
illegal act, and are obliged to bear the sanction established by the competent bodies. Liability and
punishment for violating legal norms is the way to comply with the law and reduce
contraventions, crimes, disciplinary offenses, and other illegal acts. Every form of administrative
liability is important in its way because if it were not distributed in this way it would create
confusion, it would be a total mess in terms of liability on the part of public authorities.