Constitutional and Legal Responsibility of State Authorities in Ukraine

  • Olena MALOZHON

    PhD in Historic, Associate Professor, Associate Professor of the Department of Constitutional,
    International Law and Public Legal Disciplines of the Kyiv University of Intellectual ownership
    and rights of the National University "Odesa Law Academy"
    Kyiv, Ukraine

    https://orcid.org/0000-0001-6052-1017

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.

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Author Biography

Olena MALOZHON

PhD in Historic, Associate Professor, Associate Professor of the Department of Constitutional,
International Law and Public Legal Disciplines of the Kyiv University of Intellectual ownership
and rights of the National University "Odesa Law Academy"
Kyiv, Ukraine

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Published
2024-12-23
Section
Philosophy and philosophy of law