Конституционное (государственное) право Российской Федерации. Конституционно-правовая ответственность: понятие и основные черты (самое важное)

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Конституционное (государственное) право Российской Федерации. Конституционно-правовая ответственность: понятие и основные черты (самое важное)

Lecture notes, cheat sheets

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3. CONSTITUTIONAL AND LEGAL RESPONSIBILITY: CONCEPT AND MAIN FEATURES

Constitutional and legal responsibility - the obligation of the subject of legal relations (citizen, authority, official) to suffer adverse consequences in the form of restrictions on the personal or property nature of their illegal actions (inaction), established by the Constitution of the Russian Federation and other federal laws.

Like any other legal responsibility, constitutional and legal responsibility arises as a result of the commission of a guilty offense by the subject of the legal relationship.

Offense in the field of constitutional and legal relations is made up of:

1) subject (citizens of the Russian Federation, foreign citizens, stateless persons, state authorities, officials);

2) the subjective side (only in the presence of guilty behavior of the subject);

3) object (social relations arising regarding the preservation of the constitutional system of the Russian Federation, the federal structure, the protection of individual rights and freedoms, the work of state authorities and the procedure for their formation and other constitutional guarantees);

4) the objective side (it is expressed in the actions or inactions of the subject aimed at violating Russian legislation in the field of constitutional relations).

Signs of constitutional and legal responsibility:

1) it is established by special legislation that specifies constitutional provisions (for example, certain federal laws on the provision of guarantees to citizens, on local self-government, on the procedure for the activities and formation of government bodies of the Russian Federation and its subjects, etc.), and not by the Constitution of the Russian Federation itself, since it does not contain any types of liability (sanctions) for violation of constitutional legislation;

2) it is established, as a rule, in particularly harsh forms, since in this case the fundamental principles of the Russian state are violated (for example, the Criminal Code of the Russian Federation in Chapter 29 establishes liability for crimes against the foundations of the constitutional system and the security of the state in the form of imprisonment, and in most cases for a period of over 10 years);

3) it occurs only in the presence of guilt.

Types of constitutional and legal responsibility:

1) responsibility for violating the foundations of the constitutional system of the Russian Federation;

2) responsibility for violation of personal rights and freedoms of a person and citizen;

3) responsibility for violation of political rights and freedoms of man and citizen;

4) responsibility for violation of socio-economic rights and freedoms of man and citizen;

5) responsibility for violation of cultural rights and freedoms of man and citizen;

6) responsibility for violations in the implementation of management and violations of legislation by state authorities and local governments, etc.

A feature of constitutional and legal responsibility for violation of constitutional rights and freedoms of the individual is that the legislative regulation of this type of liability depends on the protected right, for example, liability for violation of the electoral rights of citizens comes in accordance with criminal, administrative law; for violation of labor rights - in accordance with labor; property rights - with civil, etc.

Author: Kakovkina Ye.N.

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