Հարությունյան Հերբերտ 019
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VIOLATION OF THE CONSTITUTIONAL LEGAL NORM AS A FACTUAL BASIS OF CONSTITUTIONAL RESPONSIBILITY
Harutyunyan Herbert
PhD student at the YSU Chair of Constitutional Law
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Summary։ This research work is dedicated to the analysis of the act of the subject of constitutional legal relations, which is the factual basis of constitutional responsibility, the institution of constitutional offense. It is necessary to distinguish the object of the constitutional offense from the object of the constitutional offense. The object of a constitutional offense is the objects of constitutional and legal relations. In a broad sense, we can consider such important social institutions as the state and law to be the subject of a constitutional offense. Legal acts, situations existing in reality, social values, with which the norms of constitutional law connect the powers of state structures, the powers of public authorities and officials, the rights and freedoms of individuals, the activities of the participants in constitutional and legal relations, and their behavior can also be considered as the subject of a constitutional violation. Constitutional responsibility in the legal community is perceived as a negative assessment of society and the state on the activity of a citizen, state body, official and others, as well as state coercion, realization of the sanction of a legal norm. As a result of the analysis, the shortcomings, gaps, uncertainties and contradictions in the legal acts regulating the relations in question were highlighted, and appropriate recommendations are made for their elimination, completion and further improvement. The author presented his video-methodological vision for the solution of individual issues. In the form of examples, certain legal situations were considered, within the framework of which it was justified that the approaches existing in the legal doctrine so far do not provide an opportunity to reveal the nature of the constitutional offense. A number of systematic views have been proposed that are most consistent with current processes.
Key words- legal fact; factual basis; constitutional status of the subject; unconstitutional act; subjective aspect of the offense; constitutional tort; content of constitutional responsibility; constitutional sanction; collegial entity; public authority; supreme legal power.