Аналітично-порівняльне правознавство (Nov 2023)
The state as a special subject of constitutional and legal responsibility
Abstract
The article focuses attention on the role of the state in the implementation of Ukraine's foreign policy course - the acquisition of full membership in the European Union and the North Atlantic Alliance, as well as on the role of Ukraine in international cooperation aimed at preserving, maintaining and restoring peace, developing respect for human rights and fundamental freedoms to all. Attention is focused on the types of subjects of constitutional and legal relations, among which a separate group is the state, state authorities and local selfgovernment bodies, their structural formations, in particular the parliamentary majority and the parliamentary opposition, parliamentary factions, committees, etc.; deputies, officials and officials. Attention is drawn to the common features of constitutional and legal responsibility and legal responsibility (responsibility is a consequence of an offense; it is related to the implementation of sanctions established by law). Emphasis is placed on the established doctrinal approach to the concept of constitutional and legal responsibility. Part 2 of Art. 3 of the Constitution of Ukraine according to which the state is responsible to the person for its activities, as well as the provision «affirmation and provision of human rights and freedoms is the main duty of the state» and Art. 9, part 2 of Art. 55 of the Constitution of Ukraine, which guarantees everyone the right to appeal in court decisions, actions or inaction of state authorities, local self-government bodies, officials and officials, part 5 of Art. 55, which guarantees everyone the right, in particular, to apply to the European Court of Human Rights with an individual application against the state, art. 56 of the Constitution of Ukraine, which guarantees everyone the right to compensation at the expense of the state or local self-government bodies for material and moral damage caused by illegal decisions, actions or inaction of state authorities, local self-government bodies, their officials and employees in the exercise of their powers, the Convention on protection of human rights and fundamental freedoms, the Law of Ukraine «On the Implementation of Decisions and Application of Practice of the European Court of Human Rights», doctrinal approaches. Attention is focused on measures of a general nature. The article argues that the state is a special subject of constitutional and legal responsibility. It is emphasized that the state bears constitutional and legal responsibility in the event of nonfulfillment of its obligations, if as a result of this harm is caused to anyone.
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