Legal encyclopedia. The letter O

THE BASIS OF THE INSTITUTION OF THE CONSTITUTIONAL RESPONSIBILITY IN THE RUSSIAN FEDERATION.

KO comes both for offenses, and in their absence. With regard to constitutional responsibility, that is, in effect, responsibility for improper implementation of public authority, the requirement of mandatory guilt in committing a specific offense would narrow the range of its application and would distort the social purpose of this type of responsibility. Subjects of constitutional responsibility are bodies and persons authorized to make important decisions that affect the interests of the whole state or region. Delay, untimely decision-making or adoption of a law that is not contrary to the law, but inefficient, can inflict enormous damage on the state and the population. Such damage can also occur in the case of the inability of officials or the entire body of the body to cope with the complex responsibilities entrusted to them, to choose a course of policy that is in accordance with the interests of society and ensures its progress. Of course, in such cases, public interests should be above the private interests of those who are vested with power. The way out of this is a fully justified vote of no confidence or dismissal from the position of particularly responsible persons, even in the absence of offenses.

KO often has a pronounced political character both on the grounds of application and the circle of subjects to which it is applied, many of them are among politicians. KO can also have purely moral grounds. Committing an immoral act by a high-ranking official or a deputy may well serve as a basis for dismissal or forfeiture of a deputy's mandate. However, the moral grounds for constitutional responsibility are not clearly fixed in the law. In many cases, this rule is only recognized as a practice, it is a constitutional custom.

The use of KO is an act or omission that caused or could cause significant harm to the people, regardless of whether a violation of constitutional or other legal norms occurs at the same time or not. It is assumed that the concept of damage has different aspects: economic damage, damage caused to the country's defense capability, its dignity and authority, people's trust in state authorities.

The problems of the foundation of responsibility are in many respects determining for the characterization of subjects of constitutional responsibility.

Some offenses in

Constitutional sphere have a complex legal nature. Constitutional legal norms can link the basis of constitutional responsibility with

Offenses in other branches of law. In a number of cases, it is envisaged that constitutional-tort

Relations in connection with the violation of criminal law. In such cases, violations that are committed by the perpetrators are simultaneously a violation of the norms of both constitutional and criminal law and entail constitutional and legal and criminal legal consequences.

Specificity of the basis of constitutional responsibility is manifested in the fact that the legislation only in its most general form formulates signs relating to the objective side.

In accordance with the norms of constitutional law (both Russian and foreign), wine is not always an obligatory condition for the onset of liability. Thus, the constitutional legal norms in a number of situations allow responsibility for innocent, but only objectively unlawful acts.