Features Of Constitutional And Legal Responsibility In The Constitutional Proceedings Of Ukraine

  • V.I. Rozvadovskyi
Keywords: court proceedings, constitutional proceedings, Constitutional Court of Ukraine, participants in proceedings, participants in constitutional proceedings, legal status, legal status of participants in constitutional proceedings, constitutional liability, constitutional liability of participants in constitutional proceedings.

Abstract

In the article, the author substantiates the idea that the issue of constitutional and legal responsibility is an integral part of the legal status of participants in constitutional proceedings in Ukraine. This, on the one hand, is related to the rights and obligations of the participants in this type of proceedings, and on the other hand - the state of implementation of such liability will affect the effectiveness of the constitutional proceedings and the degree of protection of legitimate interests of the participants. That is why this issue is relevant and practical.

According to the author, the key methodological principles in determining the range of subjects of constitutional and legal responsibility in constitutional proceedings is the existence of a special constitutional and legal status. Among the participants in these proceedings, only the Constitutional Court of Ukraine, as well as its bodies and judges, have such a status. Another important issue related to the determination of constitutional liability is the issue of positive (prospective) and negative (retrospective) aspects of this type of liability in constitutional proceedings.

Given the above, the author argues that the prospective and retrospective aspects of constitutional liability can also be combined in the study of the legal status of participants in constitutional proceedings. He singles out the following aspects: 1) positive and negative constitutional and legal responsibility of the Constitutional Court of Ukraine; 2) positive and negative constitutional and legal responsibility of the bodies of the Constitutional Court of Ukraine; 3) positive and negative constitutional and legal liability of judges of the Constitutional Court of Ukraine.

According to the results of the study, it was concluded that the legislation properly reflects only the individual negative responsibility of judges of the Constitutional Court of Ukraine, and the collegial (collective) negative constitutional and legal responsibility of the Constitutional Court of Ukraine needs additional regulation. That is why it is proposed in the Law of Ukraine «On the Constitutional Court of Ukraine» to provide a separate section in which the mechanisms of individual and collective responsibility in constitutional proceedings should be systematically combined.

 

Published
2020-02-28