Роль решений Конституционного Суда Российской Федерации в формировании системы юридической ответственности

Abstract

The object of the study is public relations in the field of constitutional justice. The subject of the study is the acts of the Constitutional Court of the Russian Federation, affecting changes in the legal liability system, as well as the current legislation on legal liability. The article analyzes the acts of the Constitutional Court of the Russian Federation on issues of legal responsibility, defines doctrinal positions that affect the change in the system of legal responsibility. Particular attention is paid to the decisions of the Constitutional Court of the Russian Federation, which disclose the content of the principles of legal responsibility, their place in the system of law enforcement. The main directions of the impact of acts of the Constitutional Court of the Russian Federation on the legal liability system are determined. In the process of the study, a systematic approach was applied, which allowed us to consider legal responsibility as a single system that interacts with other phenomena, to identify the nature of the relationship of the legal responsibility system and decisions of the Constitutional Court of the Russian Federation. In preparing the article, the method of program research of judicial practice was used, the application of which made it possible to systematize the legal positions of the Constitutional Court of the Russian Federation formulated in acts of various types. As a result of the study, a number of conclusions were made about the main areas of influence of decisions of the Constitutional Court of the Russian Federation on the legal liability system. Criteria have been identified to assess the principle of legal responsibility, formed in the acts of the Constitutional Court, as mandatory. The systemforming criteria of legal liability formulated in the decisions of the Constitutional Court of the Russian Federation are determined. The legal positions of the Constitutional Court of the Russian Federation on judicial enforcement in the absence of a rule of law are critically evaluated. The study was financially supported by the Russian Foundation for Basic Research (RFBR) as part of scientific project no. 19-011-00103 A, “Legal responsibility in the Russian legal system: the concept of interaction, relationships and elimination of contradictions with other elements of the legal system”.