Некоторые аспекты соотношения понятий конституционно-правового деликта и преступления

Abstract

The present article deals with the qualification of the offences problem in case of specific legal norms of constitutional and criminal law conjunction along with the place of constitutional delicts in contemporary system of offences. Having analyzed the situations relating to constitutional provisions in other civilized countries the author has identified common indicia for definition of constitutional delict and crime (social danger, wrongfulness, culpability and punishability). It is concluded that there is an established interrelation of these law violations conditioned that crime could be the cornerstone of constitutional delict. Author propose the criteria for separation of these definitions by reference to social danger level of above named offences together with special status of constitutional delict actor and fixed sequence of constitutional and criminal incurrence of liability for such person. In view of fact that constitutional delict presents the highest level of social danger as compared with crimes and other types of offences, the author suggests to adopt the approach according to which the structure of contemporary system of offences that covers constitutional delicts as a hierarchical subsystem should be based with regard to underlying constitutional delict (crime, administrative offence, disciplinary case or civil tort); crimes with regard to broad understanding of their wrongfulness and minor offences (or other types of offences).