ADMINISTRATIVE RESPONSIBILITY (THE CONSTITUTIONAL DESIGN)

Abstract

The article studies basic elements of the constitutional design of the administrative responsibility: proportionality of the restriction of citizens' rights and freedoms to the constitutionally signiicant interests and goals; presence of guilt as an element of the subjective side of the offense; presumption of innocence; the certainty of the legal norm establishing liability; the inadmissibility of re-bringing a person to justice for the same offense and invalidating the law establishing or aggravating the responsibility. The author investigates the constitutional norms, which are in direct correlation with types of legal responsibility. Based on the results of the research, he concludes that the constitutional bases of legal responsibility and the administrative one are in a state of constant development, which is conirmed by the practice of the Constitutional Court of the Russian Federation. It is noted that constitutional norms have a regulatory impact on the institution of administrative responsibility. There is an imposition of constitutional norms on the norms of other branches of law in the mechanism of legal regulation. This feature of Russian Constitution can be assessed as one of the manifestations of its direct action, which is aimed at harmonizing public relations and giving them a legal character.

Keywords

• административная ответственность
• административное правонарушение
• административное наказание
• конституция
• вид юридической ответственности
• принцип
• administrative responsibility
• administrative offence
• administrative punishment
• constitution
• type of legal responsibility
• principle