| Popis: |
The article analyzes individual problems of improving constitutional and legal responsibility in the context of European integration processes in Ukraine. It is noted that on the agenda, Ukraine is tasked with adapting the legislation of Ukraine to the legislation of the EU as much as possible. It is emphasized that constitutional and legal responsibility is an important guarantee of the constitutional system of Ukraine. Approaches to the definition of the concept of constitutional and legal responsibility and its specifics were analyzed, the problems of its legal regulation were clarified, based on which proposals were formulated for its improvement in the context of European integration processes in Ukraine. An analysis of the decision of the Constitutional Court of Ukraine dated May 7, 2002 (the case regarding the subordination of acts on the appointment or dismissal of officials) was carried out, based on which it was concluded that the terms "political responsibility" and "constitutional-political responsibility" are related, but not identical. It was noted that currently a significant problem is the lack of normative consolidation of constitutional and legal responsibility. The procedural order of bringing to constitutional and legal responsibility is characterized by fragmentation and disparity of normative consolidation. Such gaps in the legislation must be eliminated by adopting a normative legal act that would regulate these issues. It was concluded that it is important to develop and adopt a special Law "On constitutional and legal responsibility in Ukraine", in which it is expedient to clearly establish the categorical apparatus of the specified type of responsibility, defining the range of subjects, grounds and forms of responsibility, bodies that consider cases of constitutional - legal responsibility and make relevant decisions, the possibility or impossibility of a judicial appeal of its application and other issues. It is also emphasized that the lack of constitutional regulation of constitutional responsibility is also a significant drawback. The author's definition of constitutional and legal responsibility is proposed and it is concluded that it performs an integrative (unifying) function in the system of legal responsibility. It has been determined that the onset of constitutional and legal responsibility implies in some cases the imposition of one type of legal responsibility, for example, administrative or criminal. |
