Recognition by the Constitutional Court of the Russian Federation of an act or its individual provisions unconstitutional as a measure of constitutional responsibility
Автор: Tabakov V.A., Zaytseva E.R.
Журнал: Социально-экономический и гуманитарный журнал Красноярского ГАУ @social-kgau
Рубрика: Право и социальные отношения
Статья в выпуске: 4 (10), 2018 года.
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In the study the question is considered, whether a measure of constitu- tional and legal responsibility recognition of the act or its separate provi- sions is unconstitutional. Various approaches to consideration of the matter in scientific literature are investigated. A number of authors do not refer cancellation of illegal acts to measures of constitutional responsibility as there are no restrictions or infringements of material or legal character for those who published them. Supporters of such approach suggest considering cancellation of illegal act not as independent sanction, and as intermediate link necessary for the realization of responsibility. Others recognize cancel- lation of illegal acts as one of measures of constitutional responsibility as negative state and legal assessment of activities for the publication of illegal act and suppression in the form of cancellation of the act is available. It is obvious that the publication of unconstitutional act causes not only an essen- tial loss to legal order, but also testifies to low legal culture, and also under- mines trust of citizens in the power and in the legislation in general...
Constitutional and legal responsibility, normative legal act, validity, responsibility measure, legality
Короткий адрес: https://sciup.org/140244026
IDR: 140244026