Legal encyclopedia. Letter C

SUBJECT OF CONSTITUTIONAL RESPONSIBILITY

- participant in constitutional and legal relations, who is charged with the duty of responsibility for his behavior in the sphere of constitutional and legal regulation, enshrined in the norms of the constitutional law, provided by the possibility of applying constitutional and legal sanctions.

The subject of constitutional responsibility is characterized by three important systemic features:

1) he has a constitutional

Legal personality (legal and legal capacity);

2) he is charged with the responsibility to

Its legally significant behavior;

3) he has a constitutional

Deceptivity, i.e. Ability

Subject to the constitutional

Responsibility for the

Constitutional delicts.

In some cases, the delinquency of one entity extends not only to the acts committed by it, but also to the actions of another subject authorized to act in the interests of the former. In some cases, circumstances are established that exclude the application of constitutional and legal sanctions for conduct that is outwardly similar to the basis of constitutional responsibility, but because of its essential characteristics is legitimate.

Subjects of constitutional responsibility include all subjects of constitutional and legal relations with certain exceptions. The people (the nation), the state do not act like that, because they do not possess all the necessary attributes of the subjects of constitutional responsibility, in particular, they do not have constitutional delictuality.

There is a direct link between

The constitutional responsibility of the subject and

His legal capacity, legal capacity and

Delictuality. Subject status

Constitutional responsibility implies

His constitutional

Legal capacity, capacity and

Delictuality. Constitutional

The delictuality and the capacity of the subject are directly connected and arise, as a rule, simultaneously. Moreover, it is the capacity to act that is the prerequisite for the emergence of delictuality.

Constitutional delictuality -

Subject's ability to bear

Constitutional responsibility for

Perfect constitutional delicts. She is

Is established in the constitutional

Norms and is a characteristic feature

Subjects of constitutional responsibility and

Element of their constitutional

Legal personality.

Subjects of constitutional responsibility can be divided into individual and collective. Collective subjects include state bodies (with the exception of individual ones), various non-state organs and associations (including social associations, religious organizations, collegial bodies of local self-government), etc., which are different in their purpose and status. They are not just a collection of individual subjects, And in a certain way an internally organized complex subject. The most numerous and heterogeneous in composition is a group of individual subjects of constitutional responsibility (ie individuals). As a rule, they are divided into citizens, foreign citizens, stateless persons and especially allocate officials.

Taking into account the peculiarities of the legal status, individual subjects are classified into general, special and special subjects. General signs of an individual subject of constitutional responsibility - is the achievement of a certain age and sanity. The question of a special subject appears when the constitutional delict includes some signs of the subject, supplementing the general. Most of the composition of the constitutional tort delineates a special subject. Signs of both the general and special subjects are often included directly in the constitutional delict. At the same time, constitutional-legal norms indicate signs that have a certain legal significance, but are not part of the constitutional tort. To generalize all such signs, it is advisable to use a special concept - a special subject of constitutional responsibility. Moreover, the subject of constitutional responsibility may

Possess both special and special

De facto depending on

Relations in which he participates. If for

Special constitutional subjects

Special rights are special, special duties are for special ones.

Also, subjects of constitutional responsibility are divided into:

1) right-creating and at the same time

Right actors (for he who

Participates in the rule-making process, can not

Be on the sidelines of the implementation of norms);

2) subjects only legalizing, but not

Possessing standard-setting ability.

The first category, in particular, includes parliaments, governments, heads of state, to the second - citizens, foreign citizens, public associations and others.

Subjects of constitutional responsibility

Can be divided into spheres

Constitutional-legal relations: subjects

Constitutional responsibility in

Electoral process, in the sphere of federal relations, local self-government, etc.

All subjects of constitutional responsibility are divided into five large groups:

1) subjects of the Federation (public-

Autonomous entities);

1. State bodies;
2. Officials;

4) citizens, foreign citizens and persons

without citizenship;

5) non-governmental bodies and associations.

Here, the types of subjects differ from each other

Friend first of all by the bases and forms of constitutional responsibility.