Legal encyclopedia. The letter O

CONSTITUTIONAL RESPONSIBILITY

- this is an independent type of legal responsibility, when the occurrence of adverse consequences for the subjects of constitutional responsibility, enshrined in the Constitution and other sources of constitutional law, is primarily aimed at protecting the Constitution. Sanctions of liability may vary:

1) the prohibition to hold certain positions;

2) deprivation of state awards and honorary titles;

3) suspension from office;

4) deprivation of active and passive suffrage;

5) refusal to register public associations;

6) other restriction of rights.

KO sometimes has a pronounced political character and is in close touch with political responsibility for the subjects, the reasons for the offensive, adverse consequences. The dissolution of the government can be a measure of both constitutional responsibility when it comes as a result of improper performance of its duties, and a political measure when the government resigns to resolve the political crisis that has developed in the country. Removal from office can also be a sanction of constitutional responsibility, and a political measure, which causes difficulties in their delimitation. It should be borne in mind that the basis of the constitutional responsibility for senior officials is a violation of their constitutional duties, whereas political responsibility means only that a person occupying a senior public office may lose political support for one reason or another.

The circle of bodies and persons subject to constitutional responsibility is relatively narrow, it is much narrower than the circle of subjects of any other kinds of responsibility, but in this case it is the responsibility of higher, regional and local authorities, deputies, high-level officials, ie . Those structures and those people who take the most important state decisions.

K. about. Has common features with criminal, disciplinary, civil law and material responsibility. This is primarily a negative assessment by the state of the activities of a citizen, state body, official, etc., as well as a measure of coercion, the implementation of the sanction of the legal norm. But constitutional responsibility also has specific features that distinguish it from other types of responsibility and characterize it as an independent type of responsibility.

KO may attack for violations of the constitution, but not all responsibility for its violation is a constitutional responsibility. This responsibility can occur not only for violating the constitution, but also for laws.

The circle of people who can be brought to constitutional responsibility is extremely narrow. Of the 20 public positions established by the Constitution of the Russian Federation, this responsibility is provided only for the President of the Russian Federation.

The essence of KO is to establish a system of real guarantees against the concentration of power in one of its branches or in the hands of one high official by imposing penalties. The essence of KO is the onset of legal consequences in the event of a violation of the balance of power and the punishment of those responsible.

To the peculiarities of the constitutional

Responsibilities include:

1) constitutional responsibility is a complicated, complex constitutional and legal institution that differs from other types of legal responsibility in the grounds for the origin and composition of a constitutional offense;

2) constitutional responsibility has a pronounced political character. However, as an independent type of legal responsibility, it should be distinguished from other types of social, including political, responsibility and with sectoral legal responsibility;

3) proximity, but not coincidence of the composition of constitutional offenses with the compositions of other sectoral types of responsibility;

4) the sources should be exclusively laws: the Constitution of the Russian Federation, the constitutions of the republics and charters of other subjects of the Russian Federation, federal constitutional laws, federal laws, laws of the subjects of the Russian Federation.