Constitutional and Legal Responsibility of State Authorities in Ukraine
Abstract
Abstract. The institution of constitutional and legal responsibility is quite new in the system of national law.
Scientific views on this type of legal responsibility differ from its complete denial to its identification with
measures of political influence. It is also worth noting the fact that the problems of constitutional
responsibility are quite often highlighted in the scientific literature, and the issues of responsibility in various
spheres have been studied only fragmentarily. At the same time, the content of constitutional responsibility
is understood in different ways. Firstly, as the responsibility of the state, state authorities and officials in the
sphere of protection of the rights and interests of local self-government, and secondly, as the responsibility
of the local self-government bodies themselves to the territorial community, the state, legal entities and
individuals for the proper resolution of issues of local importance , implementation of the Constitution and
laws of Ukraine. Constitutional-legal responsibility is a type of social and legal responsibility that exists in
the field of constitutional-legal relations, is provided for by the norms of constitutional law, is characterized
by a specific circle of subjects, a mechanism of implementation and sanctions, and consists in the forced
suffering of means of influence for an illegal act (retrospective aspect ) and in the responsible state of the
obliged subject (positive aspect), acts as the most important guarantee of implementation and protection of
the Constitution. The purpose of this study is to clarify the nature, essence, and specifics of constitutional
and legal responsibility in Ukraine. When studying this issue, the legal nature of constitutional and legal
responsibility was characterized; the signs and features of constitutional and legal responsibility are
outlined; the concept and types of grounds of constitutional and legal responsibility are disclosed; domestic
legislation on issues of constitutional and legal responsibility was analyzed; the types of constitutional and
legal responsibility of the state authorities of Ukraine are determined. Therefore, the relevance of the study
is determined, on the one hand, by the need to create a coherent theory of constitutional and legal
responsibility as an independent type of legal responsibility, and on the other hand, by the need to improve
the current legislation in the field of applying constitutional and legal sanctions to relevant subjects. That is
why the study of theoretical and practical problems of constitutional and legal responsibility is an actual
direction of development of modern constitutional and legal science.
Keywords: state; responsibility; state authorities; impeachment; constitutional law.
Downloads
References
Batanova, N.M. (2019). Constitutional control and constitutional-legal responsibility: conceptual problems of correlation and interaction. Rule of law, 30, 147-155. doi: 10.33663/0869-2491-2019-30-147-155.
Batanova, N.M. (2020). Functions of constitutional and legal responsibility: problems of conceptualization. Journal of the Kyiv University of Law, 1, 100-104. doi: 10.36695/2219-5521.1.2020.18.
Batanova, N.M. (2023). Functions of constitutional and legal responsibility: methodological problems of research. Legal state, 31, 24-30. doi: 10.33663/0869-2491-2020-31-210-221
Batanova, N.M. (2023). Problems of constitutional and legal responsibility of the Verkhovna Rada of Ukraine in the context of foreign experience. Constitutional state, 34, 326-336. doi: 10.33663/1563-3349-2023-34-326-336.
Bobrovnyk, S. (2023). Trends in the development of modern legislation of Ukraine. Almanac of law, 14, 114-121. doi: 10.33663/2524-017X.
Bondarchuk, I. (2017). Peculiarities of constitutional and legal responsibility of public organizations and political parties in Ukraine. Legal Ukraine, 10, 28-33.
Hansetska, E.V. (2022). Peculiarities of the domestic model of the institution of impeachment of the head of state. Actual problems of domestic jurisprudence, 1, 42-45. doi: 10.32782/392240.
Kirmach, A. (2015). Disciplinary responsibility and official investigation of civil servants. Legal scientific journal, 6, 138-141.
Klymenko, O. (2011). To the problem of defining social necessity as a constitutional and legal category. Law of Ukraine, 8, 282-289.
Knysh, V.V. (2018). Theoretical and legal study of the institute of constitutional and legal responsibility in Ukraine (Doctoral dissertation, Ivano-Frankivsk, Ukraine).
Kofman, В., & Baimuratov, M. (2022). Constitutional and legal space of local self-government of Ukraine: parametric features and role in the formation of local democracy. Scientific collection "InterConf", 128, 115-124. doi: 10.30525/978-9934-26-252-4-2.
Korchevna, L.O. (2014). Justice as a category of law. Constitutional state, 17, 5-9.
Kravchenko, V.V. (2016). Problems of forming capable territorial communities. Ukraine in the modern world: challenges and opportunities: materials of the International scientific conference (pp. 86-88). Kyiv: Akad. pratsi, sots. vidnosyn i turyzmu.
Kravtsova, Z. (2022). Certain aspects of the constitutional and legal responsibility of bodies and officials of state power in Ukraine. Scientific Bulletin of the Uzhhorod National University, 1(73), 57-63. doi: 10.24144/2307-3322.2022.73.10.
Nalyvaiko, L.R., & Marchenko, O.V. (2018). Conceptualization of the phenomenon of corruption: domestic and international experience. Economic annals-XXI, 172, 32-38.
Nalyvaiko, L.R., Bochkovyi, O.V., & Minakova, E.V. (2022). Problems of implementing the powers of local self-government bodies on issues related to internally displaced persons in conditions of decentralization of power (according to the results of a survey of pilot communities). Scientific Bulletin of the Dnipropetrovsk State University of Internal Affairs, 1, 130-136. doi: 10.31733/2078-3566-2022-1-130-136.
Pashchenko, A.O. (2012). Factual and legal grounds of constitutional responsibility. Law of Ukraine, 5, 7-19.
Shliakhtun, Р.Р., Malkina, H.M., & Koliukh, V.V. (2022). The relationship between national and international law: general and special in constitutional definitions. State and law. Legal and political sciences, 91, 16-32. doi: 10.33663/1563-3349-2022-91-16.
Slobodianyk, T.M. (2016). Municipal and legal responsibility of local councils and village, settlement, city heads in Ukraine (Doctoral dissertation, Kyiv, Ukraine).
Tkachenko, Yu.V. (2017). The role of constitutional principles in the process of formation of civil society in Ukraine. Law forum, 4, 268-272.
Vanchuk, I.D. (2018). Legal regulation of social relations through the prism of systems theory. Actual problems of the theory of the state and law: collection of international science and practice conference (pp. 113-115). Kyiv.
Yezerov, A. (2020). Unconstitutionality of the law as a basis for reviewing court decisions under exceptional circumstances in administrative proceedings. Bulletin of the Constitutional Court of Ukraine, 3, 112-124. Retrieved from https://ccu.gov.ua/sites/default/files/docs/visnik_3_2020.pdf.
Yezerov, A., & Batan, Yu. (2016). Proper governance and provision of administrative services by local self-government bodies. Legal Bulletin, 2, 109-116.
Yezerov, A., & Pyroh, V. (2019). Practice of the Supreme Court in cases related to legal acts (decisions, actions and inaction) of the President of Ukraine. Ukrainian Journal of Constitutional Law, 1, 19-30. doi: 10.30970/jcl.1.2019.2.
Zaichuk, O.V., & Onishchenko, N.M. (Eds.). (2020). Theory of the state and law. Academic course. Kyiv: Yurinkom Inter.
Abstract views: 3 PDF Downloads: 4
Copyright (c) 2024 Philosophical and Methodological Problems of Law
This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.
- Authors reserve the right to authorship of their own work and transfer to the magazine the right of the first publication of this work under the terms of the Creative Commons Attribution License, which allows other persons to freely distribute published work with mandatory reference to authors of the original work and the first publication of an article in this magazine.
- Authors have the right to enter into separate additional agreements on non-exclusive dissemination of the work in the form in which it was published in the journal (for example, to post an article in the institution's repository or to publish as part of a monograph), provided that the link to the first publication of the work in this journal is maintained.
- The journal's policy allows and encourages the posting of articles by authors on the Internet (for example, in electronic storehouses of institutions or on personal websites), both before the submission of this manuscript to the editorial office and during its editorial processing, as this contributes to the creation of a productive scientific discussion and positively affects the efficiency and dynamics of citing the published work.