Administrative and tort liability and hybrid regulatory structures: problems of constitutionalization

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Issue: №3 (67) 2021

Heading: Topical issues of public law


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Keywords: administrative and tort liability, hybrid normative constructions, constitutional legal use, constitutionalization of law.

Annotation

The issues of theory and practice of development and application of hybrid regulatory structures of administrative and tort liability from the standpoint of constitutional legal understanding are considered. It is emphasized that hybrid normative constructions reflect objective trends in the complication of social relations, but in any case they cannot contradict the requirements for the recognition and provision of inalienable human rights and freedoms. Assessing and taking into account the relevant acts of constitutionalization, it is necessary to adequately perceive their connection with the principle of constitutional restraint.