Науковий вісник Ужгородського національного університету. Серія Право (Oct 2023)
Sanctions as a measure of constitutional and legal responsibility: legal positions of the Constitutional Court of Ukraine
Abstract
The article focuses attention on the role of legal positions of the Constitutional Court of Ukraine in improving all components of constitutional and legal responsibility. It is emphasized that in view of the development of social relations, consolidation of Ukraine’s foreign policy course towards full membership in the EU, the war with Russia, one of the key issues is the question of measures of constitutional and legal responsibility (sanctions) in the retrospective aspect. It is noted that currently the measures of constitutional and legal responsibility have the following shortcomings: 1) fragmentation; 2) diversity; 3) conflicts (between normative acts that enshrine them and individual norms of law; conflicts in law-making and law enforcement; conflicts of powers and statuses of state bodies, officials). The legal positions of the Constitutional Court of Ukraine regarding sanctions as a measure of constitutional and legal responsibility have been revealed. Attention is focused on their features, if the constitutional responsibility is borne by: 1) a collective subject; 2) an individual subject. It is emphasized that if the constitutional responsibility is borne by an individual subject - sanctions should be individualized as much as possible; a balance must be achieved between the protection of state interests, state security and interference with the rights and freedoms of an individual subject. Attention is focused on the sanctions that can be established in the laws of Ukraine (at the same time, it is emphasized that the Verkhovna Rada of Ukraine is not the only entity empowered to establish sanctions), the constitutional and legal responsibility that the parliament itself bears for the adopted laws, acts of public legislation, absolutely defined and non-alternative sanctions.
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