Siberian Federal University

Issue

Journal of Siberian Federal University. Humanities & Social Sciences. 2019 12 (3)

Authors

Kolosova, Nina M.; Livadnaia, Iulia A.

Contact information

Kolosova, Nina M.: Institute of Legislation and Comparative Law under the Government of the Russian Federation 34, B. Cheremushkinskaya Str, Moscow, 117218, Russia; ; Livadnaia, Iulia A.: Institute of Legislation and Comparative Law under the Government of the Russian Federation 34, B. Cheremushkinskaya Str, Moscow, 117218, Russia

Keywords

constitution; constitutional and legal delict; punishability; sanction; preventive measures; constitutional liability

Abstract

This article is devoted to the study of the issue of constitutional sanctions through the lens of such an essential feature of offense as punishability, which still has not been analysed thoroughly in the legal literature. On the basis of a comparative legal analysis of the constitutional norms of different countries of the world, the authors have developed certain approaches to describing the characteristic of punishability of both crimes and offenses in general. With regard to the constitutional and legal delict as a definite type of offense, the problem of punishability has been proposed to be considered in view of the legal nature and types of constitutional sanctions. The authors made the conclusion that the characteristic of punishability for a constitutional and legal delict should be seen as one of the criteria for singling out the constitutional sanction itself. The study of the legal nature of constitutional and legal delicts prepared the ground for the classification of constitutional sanctions according to the nature and extent of measures of state coercion applied to a person who has committed a constitutional and legal delict

Pages

492-503

Paper at repository of SibFU

https://elib.sfu-kras.ru/handle/2311/110045

This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License (CC BY-NC 4.0).