CONSTITUTIONAL COLLISIONS OF CRIMINAL LAW

Abstract

Objective: to identify and resolve conflicts between the norms of constitutional and criminal law which regulate the issue of legal liability of senior officials of the state.Methods: formal-logical, systematic, comparative-legal.Results: the article analyzes the embodiment of the principle of citizens’ equality under the law regarding the criminal responsibility of the President of the Russian Federation as one of the segments of the elite right; other criminal and legal conflicts are considered, associated with the creation of conditions for derogation from the principle of equality. Basing on this analysis, the means of overcoming collisions between the norms of constitutional and criminal law are formulated.Scientific novelty: in the article for the first time it has been shown that in the Russian criminal law there are exceptions to the principle of citizens’ equality under the law relating to the President of the Russian Federation; the conflicts are identified between the norms of constitutional and criminal law, regulating the issue of legal liability of senior officials of the state; ways of overcoming conflicts are suggested.Practical significance: the main provisions and conclusions of the article can be used in research and teaching in the consideration of issues of senior state officials’ criminal liability.

Keywords

• constitution of the russian federation
• citizens’ equality under the law
• the president of the russian federation
• elite right
• criminal liability
• public danger
• wrongfulness
• punishment