Как фундаментальная юриспруденция пропустила "появление" конституционно-процессуальной ответственности?

Конституционное и муниципальное право. 2021. № 5. С. 57–64.

Воронин Д. Ю., Lesiv B.

In 2020, two publications by O. Getmanskaya (RSUJ) were published, presenting results of author’s ‘investigation of the theoretical and practical problems of applying measures of constitutional procedural liability’ in the electoral sphere. In the 3rd (17th) issue of the scientific and analytical journal ‘Citizen. Elections. Authority’. The author express an idea of the existence of ‘constitutional procedural liability’. In the meantime the 3rd issue of the journal ‘Russian Justice’ (2020) represented the author’s view that such liability actually is an obvious phenomenon in legal science. This article by critical response to above mentioned publications starts the scholar discussion, presenting a number of well-founded arguments united by the idea of conceptual disagreement with the possibility of separating ‘constitutional procedural responsibility’ as an independent branch of legal liability within the current Russian legal system. As elements of the scholar discussion, the article contains not only the results of understanding and evaluation of O. Getmanskaya’s certain arguments, but also self-sustained doctrinal positions, which remind of the real essence of such legal institutions as constitutional liability, the ratio of substantive and procedural legal liability, the status of a full member of the election commission, procedural aspects of the resolving of electoral disputes by courts, etc.

Keywords: substantive law, материальное право, конституционная ответственность, процессуальная ответственность, constitutional liability, election commissions, избирательные комиссии, procedural liability