О некоторых противоречиях доктрины юридической ответственности и действующего законодательства

Abstract

The article is devoted to the principles of legal responsibility as a concentrated expression of legal doctrine, their understanding in science and consolidation in the current legislation. The article analyzes the decisions of the Constitutional Court of the Russian Federation, dedicated to the starting principles of legal responsibility, and also shows how the official doctrine formed by the Constitutional Court of the Russian Federation influenced the system of principles of legal responsibility. The contradictions between the doctrinal characteristics of the principles of legal responsibility and the current legislation are revealed, as well as the practice of its application. Considerable attention is paid to the requirements of the principle of legality, and it is also proved that at present, due to its special importance, the principle of legal certainty has formed in the system of principles of legal responsibility. The nature of the contradictions between the current legislation and the practice of its application is analyzed. Recommendations are given to improve the regulation of the principles of legal responsibility.
 The article was supported by the Russian Foundation for Basic Research, project no. 19-011-00103 A «Legal responsibility in the legal system of Russia: the concept of interaction, interconnections and elimination of contradictions with other elements of the legal system».