Classification of the basic kinds of legal responsibility in electoral process
The subject. The legal institution of legal responsibility in electoral process in general as well as its basic subtypes: constitutional, criminal and administrative responsibility.The purpose of the article is to identify the main kinds of legal responsibility in the electoral process.Methodology....
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| Format: | Article |
| Language: | Russian |
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Dostoevsky Omsk State University
2020-07-01
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| Series: | Правоприменение |
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| Online Access: | https://enforcement.omsu.ru/jour/article/view/306 |
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| _version_ | 1849252632659492864 |
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| author | Andrey P. Demin |
| author_facet | Andrey P. Demin |
| author_sort | Andrey P. Demin |
| collection | DOAJ |
| description | The subject. The legal institution of legal responsibility in electoral process in general as well as its basic subtypes: constitutional, criminal and administrative responsibility.The purpose of the article is to identify the main kinds of legal responsibility in the electoral process.Methodology. The author uses such general theoretical and specific scientific methods as comparative analysis, generalization, interpretation and classification as well as systemic analysis and formal logical methods.The main results of the research. The author takes into account the opinions of academic lawyers and analyzes the legal institution of legal responsibility in electoral process in general. The author considers and examines the classification of constitutional, criminal and administrative responsibility in the electoral process, reveals and analyzes the essence of such fundamental concepts as legal responsibility, kinds of legal responsibility, electoral rights of citizens. The article describes the special and distinguishing characteristics of different kinds of legal responsibility. The author also gives reasons for the necessity of a special set of state coercive measures in order to make the electoral process transparent. As far as the Russian Federation law “On elections and referenda” does not contain any specific measures of legal responsibility and has references to other laws, the author sees it important to fill this gap for future codification of electoral legislation. Constitutional legal responsibility is peculiar in electoral process. It means that responsibility is realized in procedural form, which is enshrined not only in Federal laws, but in subordinate laws, such as instructions of the Central Election Commission of the Russian Federation.Conclusions. Legal liability in the electoral process has the following characteristics: it is expressed in the obligation to undergo measures of state enforcement; its basis is the violation of material and procedural norms of the electoral law; it is associated with various kinds of unavoidable negative consequences; the guilty person will be subjected to restriction of personal and other property rights; the offender is charged with the obligation to restore the violated right or compensation for damage. |
| format | Article |
| id | doaj-art-69e063d6b0ba46aeaa6ae95e25ca1740 |
| institution | Kabale University |
| issn | 2542-1514 2658-4050 |
| language | Russian |
| publishDate | 2020-07-01 |
| publisher | Dostoevsky Omsk State University |
| record_format | Article |
| series | Правоприменение |
| spelling | doaj-art-69e063d6b0ba46aeaa6ae95e25ca17402025-08-20T03:56:36ZrusDostoevsky Omsk State UniversityПравоприменение2542-15142658-40502020-07-0142495710.24147/2542-1514.2020.4(2).49-57245Classification of the basic kinds of legal responsibility in electoral processAndrey P. Demin0Northern Institute (branch) of the All-Russian State University of Justice (RLA of the Ministry of Justice of Russia), PetrozavodskThe subject. The legal institution of legal responsibility in electoral process in general as well as its basic subtypes: constitutional, criminal and administrative responsibility.The purpose of the article is to identify the main kinds of legal responsibility in the electoral process.Methodology. The author uses such general theoretical and specific scientific methods as comparative analysis, generalization, interpretation and classification as well as systemic analysis and formal logical methods.The main results of the research. The author takes into account the opinions of academic lawyers and analyzes the legal institution of legal responsibility in electoral process in general. The author considers and examines the classification of constitutional, criminal and administrative responsibility in the electoral process, reveals and analyzes the essence of such fundamental concepts as legal responsibility, kinds of legal responsibility, electoral rights of citizens. The article describes the special and distinguishing characteristics of different kinds of legal responsibility. The author also gives reasons for the necessity of a special set of state coercive measures in order to make the electoral process transparent. As far as the Russian Federation law “On elections and referenda” does not contain any specific measures of legal responsibility and has references to other laws, the author sees it important to fill this gap for future codification of electoral legislation. Constitutional legal responsibility is peculiar in electoral process. It means that responsibility is realized in procedural form, which is enshrined not only in Federal laws, but in subordinate laws, such as instructions of the Central Election Commission of the Russian Federation.Conclusions. Legal liability in the electoral process has the following characteristics: it is expressed in the obligation to undergo measures of state enforcement; its basis is the violation of material and procedural norms of the electoral law; it is associated with various kinds of unavoidable negative consequences; the guilty person will be subjected to restriction of personal and other property rights; the offender is charged with the obligation to restore the violated right or compensation for damage.https://enforcement.omsu.ru/jour/article/view/306legal responsibilityelectoral processelectionskinds of legal responsibilityviolation of electoral rightsconstitutional responsibilitycriminal responsibilityadministrative responsibilityelectoral legislation |
| spellingShingle | Andrey P. Demin Classification of the basic kinds of legal responsibility in electoral process Правоприменение legal responsibility electoral process elections kinds of legal responsibility violation of electoral rights constitutional responsibility criminal responsibility administrative responsibility electoral legislation |
| title | Classification of the basic kinds of legal responsibility in electoral process |
| title_full | Classification of the basic kinds of legal responsibility in electoral process |
| title_fullStr | Classification of the basic kinds of legal responsibility in electoral process |
| title_full_unstemmed | Classification of the basic kinds of legal responsibility in electoral process |
| title_short | Classification of the basic kinds of legal responsibility in electoral process |
| title_sort | classification of the basic kinds of legal responsibility in electoral process |
| topic | legal responsibility electoral process elections kinds of legal responsibility violation of electoral rights constitutional responsibility criminal responsibility administrative responsibility electoral legislation |
| url | https://enforcement.omsu.ru/jour/article/view/306 |
| work_keys_str_mv | AT andreypdemin classificationofthebasickindsoflegalresponsibilityinelectoralprocess |