The right to not responsible of the highest official of the country
( Pp. 123-126)

More about authors
Trofimova Galina Anatolievna starshiy prepodavatel
Russian Academy of Justice, East Siberian branch
Abstract:
In article the questions concerning limits of inviolability of the highest official of the state and possibility of involvement of him to responsibility are considered. Immunity of the Russian President is quite often perceived as not responsibility. However owing to the principle of equality of all citizens before the law and court, and also the principle of responsibility for violation of rules of law any person has to bear responsibility for the illegal act made by it. There is no sense to speak about the constitutional state if for someone from citizens the exception is made. Imperfection constitutional and legislative regulation of a question of inviolability causes need for its doctrinal permission. By means of the analysis of opportunities of involvement of the highest official of the state to responsibility the author of this article tried to define, on what types of responsibility presidential immunity what gaps and collisions in the constitutional definition of bases of responsibility of the highest official of the state exist today extends, and offered the vision of limits of inviolability and, respectively, responsibility of the Russian President, in particular, having defined that the Constitution of the Russian Federation allows involvement of the highest official to responsibility for a number of the constitutional offenses. Thus, during the conducted research of one of elements of legal status of the head of state – responsibility through a prism of existence of inviolability was given option of a solution of the problem of not responsibility of the highest official of the state and prerequisites for introduction of corresponding changes in the constitutional legislation, including in the Country constitution, for the purpose of accurate definition of conditions and the bases for involvement of the Russian President to responsibility for the allowed offenses are created.
How to Cite:
Trofimova G.A., (2013), THE RIGHT TO NOT RESPONSIBLE OF THE HIGHEST OFFICIAL OF THE COUNTRY. Business in Law, 6 => 123-126.
Reference list:
Avdeenkova M. P. Osnovanie konstitutsionno-pravovoy otvetstvennosti i obshchaya kharakteristika ee sub ektov // CHernye dyry v Rossiyskom zakonodatel stve. 2004. № 4.
Baglay M. V. Prezidenty Rossiyskoy Federatsii i Soedinennykh SHtatov Ameriki. Rol , poryadok vyborov, polnomochiya / M. V. Baglay. M.: Norma, 2008.
Bol shaya yuridicheskaya entsiklopediya. M.: Izdatel stvo Eksmo, 2005.
Kondrashev A. A. Otreshenie ot dolzhnosti Prezidenta Rossiyskoy Federatsii // Gosudarstvo i pravo. 2012. № 9.
Marino I. Otreshenie Prezidenta RF ot dolzhnosti: razrabotki, kontseptsii, pozitsii uchastnikov Konstitutsionnogo soveshchaniya 1993 g. // Konstitutsionnoe i munitsipal noe pravo. 2010. № 5.
Pronkin S. V., Petrunina O. E. Gosudarstvennoe upravlenie zarubezhnykh stran: Uchebnoe posobie: M.: Aspekt Press, 2001.
Runets S. V. Otvetstvennost glavy gosudarstva (Rossiya i zarubezhnyy opyt). Avtoref. dis. kand. yurid. nauk. M., 2008.
Keywords:
immunity, the immunity of the President of the Russian Federation, constitutional and legal responsibility of the President of the Russian Federation, civil liability of the President of the Russian Federation, the criminal liability of the President of the Russian Federation, deprivation of immunity, removal from office, basis of constitutional and legal responsibility, procedure of removal from office, the right to not responsible.


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