The problems of normative and legal and institutional provision of constitutional and legal responsibility in Ukraine
Journal Title: Правова держава. Щорічник наукових праць (Pravova derzhava) - Year 2018, Vol 29, Issue
Abstract
In the article the problems of constitutional legal regulation and institutional provision of constitutional and legal responsibility in Ukraine are researched. The normative-legal basis of the constitutional and legal responsibility is examined and it is noted that for the effective realization of the constitutional and legal responsibility the norms regulating it must be set out in the normative act, which contains the concept, signs of a constitutional delict, provides for specific constitutional and legal sanctions, the mechanism of realization of constitutional-legal responsibility, etc. The normative basis of constitutional and legal responsibility forms the Constitution and laws of Ukraine (“On the status of people’s deputy of Ukraine”, “On the status of deputies of local councils”, “On local self-government in Ukraine”, “On the Con- stitutional Court of Ukraine”, etc.), which regulates its separate aspects and fixes basically concrete kinds of constitutional delicts. The procedural order of attraction to the constitutional and legal responsibility is also distinguished by the fragmentation and disunity of the normative form, with a large number of gaps. Thus, for example, there is no limitation period for bringing to constitutional and legal responsibility; there is no procedure for appealing against the application of measures of constitutional and legal responsibility and the abolition of unlawful decisions. These are significant gaps of the current constitutional law, which must be eliminated by adopting a law on constitutional and legal responsibility. We believe that Ukraine should use the positive experience of the Republic of Poland and regulate constitutional and legal responsibility in the Constitution of Ukraine. The problems of the constitutional and legal responsibility instance are investigated. The experience of foreign countries convinces that for the effective realization of constitutional and legal responsibility, an active participation in the process of involving the Constitutional Court or the creation of a special body competent for the constitutional and legal responsibility of state authorities and their officials for their constitutional delicts (for example, the State Tribunal in Poland). The experience of Poland, where the institute of the State Tribunal has a long history of functioning, is useful for improving the mechanism for the realization of constitutional and legal responsibility. Proposals for the improvement of the current constitutional legislation are introduced. It is concluded that the analysis of doctrinal sources, modern legislative initiatives, as well as positive foreign experience, in particular the Republic of Poland, testifies to the dynamism of the process of forming its principles, functions, subject-object structure, sanctions, and the like. However, the current constitutional law of Ukraine requires substantial reform in the direction of clear legal regulation of constitutional delicts, constitutional and legal sanctions, and the mechanism for the realization of constitutional and legal responsibility.
Authors and Affiliations
Nataliia Batanova
Keywords
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