Constitutional delictology: some theory issues

The article considers the place and role of constitutional delictology in the system of Russian constitutionalism, and develops an important for constitutional law thesis about the need to distinguish the categories “subject of a constitutional tort” and “subject of constitutional liability.” It is concluded that legal science is at the initial stage of forming the concept of constitutional delictology suitable for the development of modern law enforcement practice. We have identified the following problems that need to be solved: the correlation between constitutional, legal and political responsibility in the system of preventing constitutional torts; the significance of offenses against morality for incurrence of constitutional and legal liability; the role and significance of guilt in constitutional delictology, including for the purposes of collective subjects of constitutional liability; the problem of constitutional liability for ineffective and poor quality management in the absence of direct violations of constitutional norms, etc. It is concluded that the entire legal system of Russia, and not just the norms of constitutional law itself, counteract violations of the Constitution. We have emphasized the close correlation of constitutional delictology with the problems of constitutional legality and constitutional law and order, and analyzed the specificity of constitutional torts in the context of general theory of signs of an offense and corpus delicti.