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Реферат About problems of interaction of bodies of constitutional justice and local self-management in the subjects of the Russian Federation





itutionally legal liability. Undoubtedly, the positive factor is that constitutionally legal liability becomes the object of scientific prospecting in modern constitutional-legal science [3]. At the same time in spite of the fact that at present the fact of existence of institute of constitutionally legal liability no one actually calls in question, it is necessary to state that in majority of textbooks on the constitutional law either nothing is spoken about the given type of liability [4], or the given questions are covered enough fragmentarily. this is not accidentally. The fact is that many questions on constitutionally legal liability are white blanks in science of the constitutional law. In the opinion of N.M. Kolosova, the reasons, which held up and hold up the cut-in of the constitutionally legal liability in traditional set of types of legal liability both in scientific plans, and in statutory fixation, are features of constitutional-legal relations. First, this is their complex, multiplanned nature, in connection with which constitutionally legal liability can have the nature of liability of authorities as a whole before citizens, responsibility officials of concrete bodies, responsibility of physical and legal persons, and therefore there are sharply put questions on delimitation of constitutional-legal and political, civil-legal and administrative responsibility. Secondly, this latent (hidden) nature of constitutionally legal relations: to reveal constitutionally legal offense (constitutional delict), the complex analysis of constitutional norms is necessary. Thirdly, particularities of sanctions have place (majority of them, for instance, cancelling acts, can hardly be mentally perceived as sanction) [5]. legal liability as the scientific and practical problem of constitutionalism, according to the well-known Ukrainian scientist Yu.N. Todyka assumes analysis and coverage of the following theoretical questions: 1) motivation of this responsibility as independent type of legal liability; 2) is formed or only at the stage of formation institute of constitutionally legal liability; 3) clarification of correlation of political and constitutionally legal liability; 4) influence of constitutionally legal liability on maintenance on stability of the constitutional system, protection of the Constitution; 5) structure, element composition of constitutionally legal liability, reasons for its origin, specifics of subjects of this responsibility; 6) mechanism of realization of this type to legal liability; 7) purposes, tasks, functions, contents of constitutionally legal liability; 8) correlation and interrelation of constitutionally legal liability with other types of legal liability; 9) role of the Constitutional Court in the mechanism of realization of constitutionally legal liability; 10) constitutionally legal liability and its role in development of legal statehood and civilized civil society, democracy and constitutionalism; 11) definition of the notion of the constitutional offense (delict) as the reason for origin of constitutionally legal liability, analysis of its composition and definition of criteria of classification of the constitutional offenses; 12) procedural supply of realization of constitutionally legal liability; 13) possible trend of development of this type of legal liability; 14) whether the separate statutory-legal act, which could in complex regulate different aspects of realization of constitutionally legal liability is necessary; 15) what factors influence upon dynamics of this type of legal liability, etc. [6]. this are the most important doctrine and practical aspects of constitutionally legal liability, which are necessary to solve for the purpose of increasing of efficiency of influence of the Constitution, norms of constitutional legislation on social processes, development of constitutionalism and legal statehood. At decision of these questions the reasonable approach is important and presence of motivated recommendations for practice is necessary as well. And the science of the constitutional law is called to give the answers to these questions, connected with problems of constitutionally legal liability. is clear that the constitutional liability can not be an analogue of other types of legal responsibility. At the same time, it is necessary to note that its specifics is not enough studied, and the expressed opinions are rather conflicting. Thus, if subjects of the constitutional-legal liability are individuals - citizens, foreigners, refugees, officials of executive state authorities and local self management, as well as groupings - bodies of public authorities, political parties etc., than subjects of criminal responsibility should be only physical persons. The bases of constitutionally legal liability is constitutional delict, greatly diversified both from basis of criminal responsibility - the crime, and from other delicts - adm...


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