SOME PROBLEMS OF THE CONSTITUTIONAL FOUNDATIONS OF PUBLIC LIABILITY (FIRST ARTICLE)
Utkin V.A.
Tomsk IPKR of the FPS of Russia (Tomsk, Russia), Professor of the Department of the Organization of the Execution of Punishments, Honored Lawyer of the Russian Federation, Doctor of Law, Professor.
Annotation:
The article examines the general meaning ofthe Constitution of Russia for the develop-ment of branches of legislation providing for public liability as well as the individual norms of the Constitutionfrom the point of view of their compliance with some generally recognized international acts. The author criticises the provisions of part 2 of Art. 13 of the Constitution on the prohibi-tion of «state or mandatory ideology», part 1 of Art. 49 on the presumption of innocence as an a priori recognisable legal quality (feature) of a person accused of committing a crime. The article also draws attention to the fact thatthe concepts of «human dignity» and «dignity of the individual», used as synonyms in the Constitution, are not equal in scope and content.
Keywords:
constitutional foundations of legal responsibility; principle of humanity; presumption of innocence.
