Constitutional law of the Russian Federation. Constitutional and legal responsibility: concept and main features (most important)

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Constitutional law of the Russian Federation. Constitutional and legal responsibility: concept and main features (most important)

Lecture notes, cheat sheets

Directory / Lecture notes, cheat sheets

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7. CONSTITUTIONAL AND LEGAL RESPONSIBILITY: CONCEPT AND MAIN FEATURES

The basis constitutional-legal liability is a violation of the norms of constitutional law.

Subjects constitutional and legal responsibility are state bodies (local governments) and officials.

Typical measure constitutional and legal responsibility - early termination of powers (removal from office) of a state body or local self-government body (official).

They also single out constitutional responsibility of a political nature, which occurs without the fault of the subject of responsibility (for example, an expression of no confidence in the government).

In Russia, legally there is no such form of legal liability as constitutional. At the same time, the Constitution of the Russian Federation provides for a mechanism for removing the President of the Russian Federation from office (although there is an element of criminal liability here), a typical constitutional and legal liability can be seen in the recently adopted Federal Law "On Basic Guarantees of Electoral Rights and the Right to Participate in a Referendum of Citizens of the Russian Federation" (dissolution of an election commission for non-execution of a court decision or a decision of a higher election commission) and the Federal Law "On the Basic Principles of Organization of Legislative (Representative) and Executive Bodies of State Power of the Subjects of the Russian Federation" (early termination of the powers of the legislative (representative) body of state power of a subject of the Russian Federation and positions of the highest official of a constituent entity of the Russian Federation (head of the highest executive body of state power of a constituent entity of the Russian Federation) in the event that they do not cancel (change) within a certain time an act recognized by the court as not complying with the normative clause legal act of higher legal force). A similar mechanism is provided for by the charters of a number of constituent entities of the Russian Federation.

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