Legal Encyclopedia. The letter C

SANCTIONS CONSTITUTIONAL

Responsibility of subjects who committed a constitutional tort, organically linked with the question of the constitutional and legal sanctions for the former is unthinkable outside of the implementation of the latter.

Constitutional and legal sanctions, as a necessary component of constitutional law, do not play the leading role, as the threat of coercion and its application does not serve as the dominant mode of constitutional influence on social relations. The need for them arises only when the mechanism of legal regulation there is a failure, requiring removal by means of coercive measures.

The absence of sanctions in many constitutional and legal norms reduces the effectiveness of their actions. Constitutional and legal provisions require an adequate system of protection of their funds requirements - not only in industry, but also in their own sanctions. The absence of sanctions at the same level sometimes do not

It can be compensated by the current legislation without fear that the relevant constitutional and legal provisions will remain without effective protection. Moreover, in some cases, due to content themselves constitutional and legal norms the use of other types of legal liability actions made it impossible.

Measures in relation to the constitutional responsibility of public authorities and officials shall be established by them. For the constitutional responsibility of these subjects is important that in establishing the constitutional and legal sanctions taken into account the principle of "checks and balances" so that in relation to the various entities of the constitutional responsibility of the measures would be mutually balanced and take into account the nature and social significance of the behavior of the constitutional responsibility of the subject and the constitutional -pravovoy status, which it has.

Bringing the subject to the constitutional responsibility - the result of the use and interaction of material and procedural norms.

The Russian constitutional right

It provides a variety of constitutional and legal sanctions, which can be classified on various grounds. following constitutional and legal sanctions can be identified:

1) deprivation of a general or special constitutional and legal status, early termination (deprivation) powers;

2) restriction, deprivation (withdrawal) of subjective constitutional right;

3) transfer of constitutional powers;

4) estimates the sanctions;

5) cancellation (invalidation) legally significant result;

6) cancellation of the recognition of legal acts unconstitutional;

7) enforcement of constitutional duties,

8) constitutional and legal sanction of a procedural nature;

9) constitutional and legal sanctions that have financial (property) nature.

Each type of constitutional and legal sanctions can be applied as the second in its "pure" form, or in combination with other constitutional and legal sanctions. Some sanctions

They are inherently complex.

In relation to public authorities applied valuation of constitutional and legal sanctions (expression of distrust, poor recognition activities), as well as the abolition of acts, early termination of powers, and others.

Depending on the nature

constitutional tort different constitutional and legal sanctions may be applied to officials:

1) deprivation of office;

2) restriction of constitutional rights;

3) assessment of constitutional and legal sanctions;

4) cancellation (invalidation) legally significant decisions;

5) the constitutional and legal sanctions procedural and financial nature.

Among the constitutional and legal sanctions applied to citizens, foreign citizens, stateless persons, the most common is the deprivation

(Restriction) of constitutional rights. The most severe measure of constitutional responsibility in respect of the citizens is the deprivation of nationality.

As the constitutional responsibility of measures with respect to these entities, in particular, apply: dissolution (liquidation), the prohibition of activities, recognition

unconstitutional (unconstitutional), the abolition of state registration, limitation of rights, assessment of constitutional and legal sanctions and the constitutional and legal sanctions, which have the character of the property.

The norms of the Constitution and other sources of constitutional law provided not only "their" sanctions, but sanctions and norms of other branches of law (criminal, labor, administrative, etc.).

Understanding the constitutional responsibility as a negative evaluation of his subject, with the result that he is experiencing adverse effects - the restriction or deprivation of political, legal, material interests, it is important to distinguish between responsibility and action measures purely organizational and institutional. However, one and the same under the name of the measure could mean a sanction, and purely organizational action. The difference is in this case at the bases of the measure.

The sanctions also apply to officials

High-level entities.

Dissolution applied to the party or to the local representative body for systematic violations of the constitution and the laws, can be considered

Liability.

The resignation as a constitutional measure of responsibility is sometimes very close to disciplinary action and form, and the application procedure. The difference lies in the fact that the disciplinary liability is applied for violations of labor discipline, failure to meet job and constitutional -has wider arsenal grounds.

One of the constitutional responsibility to review the measures can be considered. The review has a two-digit character. Review for acts that undermine the authority of the state, create conflicts between states or for the commission of prejudicial acts not in accordance with diplomatic rank, should be held accountable. But a review is carried out sometimes simply due to the deterioration of relations between the two countries, or upon the expiration of performance of the person, or the state of his health. There is no longer any responsibility. The main feature of public-law sanctions is that they are organized and preventative appointments. This is reflected in the fact that they often aim to deprive certain persons of authority, to replace them by other people.