The principles of the constitutional and legal responsibility: its con- ceptual and typical characteristic
Journal Title: Правова держава. Щорічник наукових праць (Pravova derzhava) - Year 2016, Vol 27, Issue
Abstract
In the article the theoretical problems of principles of constitutional and legal responsi- bility are researched. The problem of the principles of constitutional and legal responsibility – fundamental ideas, grounds that express the essence, nature and purpose of constitutional and legal responsibility as an independent kind of legal responsibility, requires separate theoretical research. They are a fundamental ground of constitutional and legal responsibility and model for the formation of legislative and legal practice, as reflecting the characteristics of the cur- rent constitutional law, determine its development trends as a reference point in the applica- tion of laws and filling gaps in the legal regulation and in the judicial practice. The concept of principles of constitutional and legal responsibility as fundamental ideas of constitutional law that reflected the nature, purpose and content of the constitutional and legal responsibility and patterns of its development and realization is defined. As the constitutional and legal responsibility of an independent kind of legal responsibil- ity, it is based on the general principles of legal liability. Principles of constitutional and legal responsibility are closely interrelated and interdependent and form a separate complex, which ensures the integrity of the institution of constitutional and legal responsibility. Adherence to the principle of one contributes to the other and vice versa, violation of any principle of neg- ative impact on the realization of others. Only in collaboration principles able to fulfill its function and purpose, adequately reflect patterns of constitutional and legal responsibility. The basic principles of constitutional and legal liability include: principles of justice, humanity, legitimacy, inevitability, guilty of an act. The study of the principles of constitutional and legal responsibilities are important direc- tion of modern science of constitutional law, which aims at developing an integrated concept of constitutional and legal responsibility, improvement of legislative regulation and effective implementation in practice.
Authors and Affiliations
Nataliia Batanova
Keywords
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