1. Compliance breach literally means the act of breaking accordance with the request, obedience or indication, or any internal or external requirements or standards. By compliance itself, one means a part of control, or monitoring system in the organization, associated with non-compliance risk, compliance with legal requirements, regulations, rules and standards of oversight bodies, industry associations and self-regulatory organizations, codes of conduct, and other institutions (American Health Information Management Association). As a result, compliance breach may ultimately lead to the application of legal sanctions or regulatory sanctions, financial or reputational loss, changing regulations and generally accepted standards.
Compliance breach is usually related to the break of observance of proper standards on the market, leading to the conflicts of interests, fair treatment of customers and ensuring unfair approach when advising customers. The sphere of compliance breach touches also specific areas, such as non-combating the legalization of proceeds from crime and terrorist financing, affects development of instruments and procedures to ensure compliance with the current legislation of the company, disrupts the protection of information flows, leads to fraud and corruption, destructs the establishment of ethical behavior of employees, and so on (American Health Information Management Association).
Currently, compliance breach is the destruction of professional activity in the organizations. Direction exists mainly in the financial and banking sector, although it is not limited thereto. Units that implement the function of checking for compliance breach, as a rule, are called compliance, or compliance control (Staszak).
Why can breaching the laws be considered a kind of dangerous social behavior? In fact, compliance breach is so, as the political system of society accepts the formation of certain laws, which are the direct basis for the formation of order in the country, and these regulations have to be followed in order to avoid the development of crime. Everyone has certain rights and obligations, which are defined precisely by the legislative framework. Breaking the law entails a number of consequences, including fatal, leading to a breach of public order and state foundations, as well as the constitutional rules and laws. Each breach leads to the formation of punishment (American Health Information Management Association).
Thus, it becomes clear that the laws of the country are the original foundation of the security. It is quite obvious that the execution of such laws is the basis for the formation of an ideal order. All the laws that exist in the country are the formation of certain rules of behavior in the society. If a person breaches the legal framework, it is regarded as a type of antisocial behavior. In this case, the main objective of the compliance breach is considered to be a violation of social peace.
Taking into account all mentioned above facts, it is necessary to avoid compliance breach and follow the established regulations because each law defines special rules of behavior in society, in the state and in a certain legal field. All laws are designed exclusively in accordance with the basic principles of the state constitution. That is why they can not violate basic human rights. And it forms the notion that the laws are guards of social interests, and protect the interests of the whole society. Violation of legislation leads to negative changes in the society, and presupposes the need in punishments. And if certain crimes have no punishment, it would lead to understanding of the insignificance of laws. As a result, the society in particular and the state in general will collapse.
Judging from the all mentioned points, compliance breach is regarded as dangerous social behavior. And such actions still are punishable that forms the confidence in the individual protection. Therefore, in every country there is a whole structure of the legal and law enforcement institutions that protect the rights and freedoms of all citizens and residents of a particular country.
2. Every illegal act or breaking of laws demands particular legal punishment. Legal liability is the use of state coercion in order to solve the law breach. For the illegal activity, a person is responsible before the law. Legal responsibility is closely connected with the state, law, duty and regulations of citizens (McKenna). The activities of the state in the sphere of coercion are strictly regulated by law. The subjects of these activities are the court, the prosecution, the police, the administration of various governmental agencies that are specifically involved in the review of cases of the law violations (Kramer).
Legal liability is characterized by the fact that it relies on state coercion, is associated with stigmatization, expressed in certain negative consequences for the law breacher being a new legal obligation for him, which appeared after the illegal activity, and is represented by the deprivation of personal, organizational or material nature (Kramer).
Types of liability and penalties depend on the nature of the regulation breach. All the possible consequences and the responsibility for them are grouped into four main categories. Criminal responsibility comes exclusively for the crimes. Only a court can hold criminal responsibility and determine the measures for law breach. Criminal penalties include imprisonment, the death penalty, and so on. Administrative responsibility is incurred for breaches that violate the public order or are committed in the field of public administration. The measure of responsibility includes the administrative penalties, and among them one may single out warning, fine, corrective labor, administrative arrest up to 15 days. Civilian responsibility is incurred for violation of property rights, in particular, failure to fulfill contractual obligations, causing property damage. The main measure of responsibility involves damages. Disciplinary responsibility comes for violation of labor, educational, military, service discipline. Measures for these actions include the impact on the law breaker in the form of remark, reprimand, dismissal, expulsion from school (Villanova University).
3. Every day numerous illegal acts happen in every country of the world, and each particular government applies certain punishments for the law breakers. For instance, the administrative regulation breach is the offense against the established order of management. This kind of law breaks may include violation of traffic rules, or fire safety rules. The responsibility for the administrative law break may include warning, administrative penalty, confiscation, deprivation of a special right granted to an individual, administrative arrest, expulsion, disqualification, administrative suspension of activity. Administrative punishment, as a rule, may be imposed no later than two months after the date when the regulation break was committed (Library of Congress).
Civil offense is the violation in the field of property and personal relations between citizens. For example, someone has entered into illegal trade, or has been involved in the property damage, or has failed to perform obligations, defamation and so on. Responsibility: compensation for material damages, financial compensation for moral damages, the refutation of defamatory information. Civil responsibility involves the use of sanctions, such as compensation for damage, forced restoration of the right, as well as other law sanctions. The liability associated with property damage is usually caused by the employees. The proof of the employee's presence at work and the performance of the job duties, which are in the interest of the enterprise, softens the punishment measures for the break of the law. In such a case, the le breaker is obliged to compensate the damage in the full amount (Library of Congress).
Works Cited:
American Health Information Management Association. Navigating a Compliant Breach Management Process. Chicago: Michigan Avenue, 2008. Web. 30 Aug. 2016.
Kramer, Matthew, Grant, Claire, Colburn, Ben, and Hatzistavrou, Antony. The Legacy of H.L.A. Hart: Legal, Political, and Moral Philosophy. London: Oxford Scholarship, 2013. Web. 30 Aug. 2016.
Library of Congress. Legal Research Guide: Australia. Washington, DC: Independence, 2015. Web. 30 Aug. 2016.
McKenna, Brittany. Criminal Responsibility: Definition, Evaluation & Legal Defenses. New York: New Book, 2004. Web. 30 Aug. 2016.
Staszak, Craig. Why Compliance is the Most Important Part of Business Today? New York: Stanford University Press, 2013. Web. 30 Aug. 2016.
Villanova University. Types of Corporate Social Responsibility Programs. Philadelphia: Bisk Education, 2015. Web. 30 Aug. 2016.
