THE PLACE OF CONSTITUTIONAL RESPONSIBILITY OF PUBLIC OFFICIALS IN THE SYSTEM OF THEIR LEGAL RESPONSIBILITY

Abstract

The article examines theoretical approaches and normative support of constitutional respon- sibility, as a special type of responsibility not provided for by the Constitution of Ukraine. It was found that today there is no unity in the scientific interpretation of constitutional responsibility, but the traditional understanding of it as possible negative (retrospective) or positive remains. The significant role of constitutional responsibility within the regulatory framework of the status of public servants is determined, and its features are outlined.Various approaches to the public-legal component of constitutional responsibility have been studied. Thus, according to one of the approaches, constitutional responsibility should be distin- guished from public legal responsibility, which is the responsibility of public authorities (officials), i.e. state authorities and local governments.Particular attention is paid to the political component of the constitutional responsibility of pub- lic service subjects, the importance and value of the criterion of politicalness within the frame- work of the study of constitutional responsibility is substantiated. The draft of the Law of Ukraine “On Political Responsibility in Ukraine”, which was not adopted, is analyzed, its main provisions are given for a full understanding of the essence of constitutional responsibility in the aspect of characterizing a political sign.The approach, according to which constitutional responsibility is a measure of the state's reaction to the commission of a constitutional offense, is critically considered, and the elements of such an offense are characterized.It was concluded that the constitutional responsibility of public officials is a special type of responsibility that arises in cases specifically defined by the Constitution of Ukraine for the approval of the principles of democracy and the rule of law, the achievement of the goals of the state in terms of protecting its interests and the interests of citizens. This type of respon- sibility is absolutely defined, and its application is preceded by a set of constitutional procedures for each specific case.