Legal Encyclopedia. The letter K

constitutional responsibility

- Legal obligation to subject (citizen, authority officials) to undergo

adverse effects in the form of restrictions of personal or material nature of their illegal actions (inaction), established by the Constitution of the Russian Federation and other federal laws.

Like any legal responsibility, constitutional and legal

It arises from the commission of legal entity guilty of the offense.

The offense in the sphere of constitutional and legal relationship consists of:

1) the subject (Russian citizens, foreign citizens, stateless persons, public authorities, officials);

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

3) object (public relations arising at the persistence of the constitutional system of the Russian Federation, federal, protection of the rights and freedoms of the individual, the work of public authorities and the order of their formation and other constitutional guarantees);

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

Signs of constitutional and legal

responsibility:

1) established by special legislation specifying the constitutional provisions (for example, separate federal laws to provide guarantees to citizens on local government, on the order of formation and activity of bodies of state power of the Russian Federation and its subjects, etc.), not the Constitution of the Russian Federation, it does not contain any types of liability (penalties) for violation of the constitutional laws;

2) is set, as a rule, in a particularly harsh manner, since in this case violated the fundamental principle of the Russian state (for example, the Criminal Code of RF in Sec. 29 establishes responsibility for crimes against the constitutional order and security of the State of imprisonment, and in most cases, for a period exceeding 10 years);

3) it occurs only in the presence of guilt.

Types of constitutional and legal responsibility:

1) liability for violation of the constitutional order of the Russian Federation;

2) liability for violation of personal rights and freedoms of man and citizen;

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

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

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

6) liability for violations in the implementation of management and violations of the law by public authorities and local self-government, etc.

The peculiarity of the constitutional and legal responsibility for the violation of constitutional rights and freedoms is that the legislative regulation of this type of liability depends on the protected rights, such as responsibility for violation of electoral rights of citizens comes under criminal or administrative law; for violation of labor rights - in accordance with labor; -grazhdanskim property rights, etc.