ПРОБЛЕМЫ УСТАНОВЛЕНИЯ ПРЕДЕЛОВ ПРОЦЕССУАЛЬНОЙ ОТВЕТСТВЕННОСТИ

Abstract

The article is devoted to the consideration of the characteristics of one of the most important means of ensuring the procedural order – procedural responsibility. The potential of this type of legal responsibility is largely due to the quality of its normative legal consolidation. In solving this problem, it is necessary to develop answers to a number of interrelated questions, including the establishment of its limits. Not only the effectiveness/ineffectiveness of the application of procedural liability measures, but also the legality of state-compulsory influence in the course of the relevant legal processes depends on its qualitative resolution. In the course of the practical solution of the problem of establishing the limits of procedural responsibility, it is necessary to take into account their species classification, which will help in choosing its optimal boundaries. The limits of procedural responsibility are determined by the legislator through the use of appropriate criteria. They are factors external to the procedural responsibility itself, by means of which the volume of state-compulsory influence applied to the subjects who committed procedural offenses is determined. They must include in their unity both legal imperatives and moral requirements. The main attention is paid to the means that, according to the author, should be used in the legislative consolidation of the limits of procedural responsibility. It should be borne in mind that they differ in certain dynamics. This property allows you to react to changes in the course of dispatch of the corresponding types of legal processes.