К вопросу о структуре института юридической ответственности государства

Abstract

The article analyzes the structure of the legal responsibility institute of the state. The article reveals the peculiarities of legal regulation of constitutional, civil and international legal responsibility of the state.
 The features of the subinstitute of constitutional responsibility of the State, which aims to ensure the inviolability of the principles of democracy and supremacy of the Constitution, as well as to protect the rights and freedoms of man and citizen are being shown. The author analyzed foreign experience of legal regulation of the legal responsibility of the state. The history of the formation and functioning of the procedure for impeachment of the Institute in the following countries: United States, United Kingdom, Denmark, Norway and the Federal Republic of Germany are expounded.
 Also considered are the basics of civil responsibility of the state. According to para. 2, Art. 8 of the Constitution of the Russian Federation in the Russian Federation it is recognized and protected equally private, state, municipal and other forms of property. Equal protection of all forms of property means, in particular, establishing the inadmissibility of any exception regarding the property responsibility for individual subjects, including the state. On this basis, we analyzed the concept of functional and absolute immunity of foreign states. The main provisions of both international law and the Federal Law of 11.03.2015, № 297-FZ "On the jurisdictional immunities of foreign States and property of a foreign state in the Russian Federation." are reviewed.
 The features of subinstitute of international legal responsibility of the state are investigated. It is generally known that one of the fundamental principles of contemporary international law is sovereignty. However, this principle does not indicate a lack of interaction and interdependence of the state, since no state can exist and develop in isolation from the world community.
 The article was supported by the Russian Foundation for Humanities, the project № 16-33-00017 «A comprehensive, interdisciplinary institute of legal responsibility: the concept, structure, relationships and place in the legal system".