Legal Nature And Specificity Of The Mechanism For The Implementation Of Constitutional Responsibility In Ukraine

Abstract

The problem of the implementation of constitutional responsibility of Ukraine has two main aspects: 1) the legal aspect, that is, the regulatory framework governing this type of responsibility; 2) organizational aspect - a system of measures aimed at implementing measures of constitutional legal responsibility.

In Ukraine, there is a problem of both regulatory support and the implementation of organizational foundations in this area. That is why the problem of legal consolidation and implementation of the legal liability mechanism in Ukraine is relevant and practically significant.

In connection with all of the above, the article is devoted to the essential and functional aspects of the implementation of constitutional responsibility in Ukraine.

According to the author, the mechanism for the implementation of constitutional legal responsibility is a set of interrelated normative, institutional, functional and ideological elements (autonomous subsystems), with the help of which the conscious use of their rights, fulfilment of obligations, compliance with prohibitions, and in the case of constitutional legal tort - the application of constitutional legal sanctions in order to ensure constitutional legality, discipline and the rule of law.

The author also substantiates that, in our opinion, the following are the signs of the mechanism for implementing constitutional legal responsibility: 1) it is a set of interrelated normative, institutional, functional and ideological elements (autonomous subsystems) 2) is aimed at ensuring the conscious use of constitutional legal relations by subjects (in vol. Ch. And state-power and state-political relations) of their rights, fulfilment of duties, compliance with prohibitions, which ensures the implementation nation, first of all, their positive (perspective) constitutional responsibility; 3) in the event that the above-mentioned entities commit constitutional law tortes, it is aimed at incarnating their negative (retrospective) constitutional responsibility in the form of constitutional legal sanctions; 4) the ultimate goal of the mechanism for implementing the constitutional legal responsibility of subjects of constitutional legal relations (including Ch. And state-power and state-political relations) is to ensure constitutional legality, discipline and law and order in their activities and in the constitutional relations of which they are subjects.