The Concept and Implementation of Personal Responsibility: Theoretical and Procedural Aspect (on the Example of Article 113 of the Constitution of the Russian Federation)
Samusevich A.G. The concept and implementation of personal responsibility: theoretical and procedural aspect (on the example of Article 113 of the Constitution of the Russian Federation). Penitentiary Science, 2023, vol. 17, no. 2 (62), pp. 127–133. doi: 10.46741/2686-9764.2023.62.2.002
The article is devoted to theoretical aspects of the implementation of personal responsibility of the Chairman of the Government of the Russian Federation to the President of the Russian Federation. The author analyzes Article 113 of the Constitution of the Russian Federation, as well as norms of the Federal Constitutional Law “On the Government of the Russian Federation” regulating personal responsibility of the Chairman of the Government of the Russian Federation in case of improper execution of his powers. It is noted that personal responsibility arises in the process of carrying out certain activities, within the framework of which a respectful and positive attitude of the subject to this activity is formed in order to achieve a positive result. Purpose: to give a theoretical and legal characterization of personal responsibility, as well as consider problematic issues of its implementation. The authors formulate the following research tasks characterizing the logical chain of reflections on personal responsibility and punishment of the Chairman of the Government of the Russian Federation: to consider general issues of personal responsibility of the Government of the Russian Federation; analyze key elements of personal responsibility; characterize the basics for implementing Article 113 of the Constitution of the Russian Federation and identify certain aspects. Methods: the methodology is determined by the specifics of the legal regulation of personal responsibility implementation. The article uses a complex of general scientific (dialectical, analysis and synthesis, system-structural approach) and special cognition methods. The formal legal method helps analyze provisions of legal acts regulating the process of implementing personal responsibility. Results: Personal responsibility can be realized both in positive and negative aspects. At the same time, there are 2 types: constitutional and legal, and disciplinary responsibility. The author models the process of implementing personal responsibility on the example of bringing the Chairman of the Government of the Russian Federation to legal liability. Conclusion: based on the conducted research, it is concluded that there are many unresolved problems of an applied nature in the field under consideration, which do not allow us to talk about effectiveness of personal responsibility. The legislative consolidation of this type of responsibility does not clarify the process of its implementation. It is necessary to actively continue scientific research and legislative initiatives on the analyzed issue, which will improve the quality of public administration.
Keywords: Legal liability; constitutional and legal liability; personal responsibility; constitutional law enforcement; illegal behavior
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