Legal nature of the positive constitutional responsibility
https://doi.org/10.24147/2542-1514.2017.1(3).62-70
Abstract
The subject of the paper is theoretical justification of legal nature of positive constitutional
responsibility legal institute. The evolution of views on the institution of positive constitutional
responsibility from the first works on it (S.A. Avak`yan, Yu.P. Eremenko, F.M. Rudinsky, N.A. Bobrova) to the present time is analyzed.
The purpose is to clarify its role in establishment and maintaining the regime of constitutional
legality.
The results, scope of application. Doubts about the legal nature of positive constitutional
responsibility up to its complete denial are identical with doubts about the legal nature of
many constitutional norms, the denial of their direct action. These disputes will last forever.
Direct service of constitutional and legal responsibility to the quality of governance is a feature
of this type of legal responsibility along with its pronounced political character, as well
as the specific guilt of the subject of constitutional tort (liability not only for their acts but
for the acts of their subordinates).
The emphasis on positive moral aspect to the detriment of "sanction" (retrospective) aspect
of the constitutional responsibility does not meet the challenges of the new time.
Proponents of affirmative responsibility had good purpose to build its high creative and
educational role from the positive side of the legal liability. However, this good purpose in
practice has not led to optimistic results.
The authors come to the conclusion the legal regulation of mechanisms of responsibility
enforcement in Russia is necessary.
About the Authors
N. Bobrova
Samara National Research University
Russian Federation
Russian Federation
Doctor of Law, Honored Lawyer of the Russian Federation, Professor, Department
of State and Administrative Law
SPIN-code: 4558-9297, AuthorID: 249980
V. Sidorov
Samara National Research University
Russian Federation
Russian Federation
Assistant, Department of State and Administrative Law
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For citations:
Bobrova N., Sidorov V. Legal nature of the positive constitutional responsibility. Law Enforcement Review. 2017;1(3):62-70. https://doi.org/10.24147/2542-1514.2017.1(3).62-70
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