MORE ON THE SANCTIONS OF CONSTITUTIONAL AND LEGAL REGULATIONS // Вестник БГУ. Юриспруденция. - 2023. №2. . - С. 12-17.

MORE ON THE SANCTIONS OF CONSTITUTIONAL AND LEGAL REGULATIONS

DOI: 10.18101/2658-4409-2023-2-12-17 UDK: 34.01

The article analyzes the retrospective aspect and current trends in the development of the institution of constitutional and legal liability on the example of the place of sanctions in the composition of the constitutional and legal regulation. We have considered differing attitudes towards this problem, ranging from the point of view of the non-mandatory nature of sanctions as an attribute of a constitutional and legal regulation, various scientific substantiations of the internal structure of constitutional norms, ideas about replacing sanctions with a set of constitutional guarantees, and ending with the regarding sanctions as a complex of measures of constitutional law coercion and an important element of constitutional and legal liability. The article discusses the possibility of protecting the regulations of constitutional law with the help of means of coercion — sanctions of other branches of law. We give an overview of the current state of legal regulation and constitutional law practice in this field, analyze the specificity of the regulations of constitutional law, and exemplify the current penalties and sanctions, which also constitute the essence of constitutional legislation. We also reflect on the prospects for further transformation of the institution of constitutional and legal liability, fixing in it the outlined scenario for the development and entrenchment in the constitutional legislation of both new grounds for bringing to responsibility, and the emergence of new options for sanctions intended to support the foundations of the constitutional order in the modern constitutional paradigm.

sanction of a constitutional legal regulation, norm of constitutional law, constitutional legal responsibility, measures of constitutional coercion, constitutional legal regulation, constitutional law, the Constitution of the Russian Federation