Legal Nature Of Sanctions Of Constitutional Responsibility In Ukraine
The article is devoted to the problems of the legal nature of sanctions of constitutional responsibility in the context of constitutional reform in Ukraine.
In literature, the concept of “sanction” is considered in several senses: 1) in the general social sense - as approval, recognition of something; 2) in the legal sense - as measures of punishment, punishment for violation of the law (at the level of the national legal system) or as measures of punishment in relation to a state that violated an international agreement (at the international legal level) 3) in the economic sense - as measures of influence, applied by the bank to violators of financial, cash, settlement and credit discipline.
On the author’s conviction, constitutional and legal sanctions are the negative consequences provided for by constitutional and legal norms, which are imposed in a forced manner by a certain subject for committing a constitutional tort; certain political and legal harassment, which he must endure as a result of bringing to constitutional legal responsibility.
The study also found that the sanctions of constitutional responsibility carry out punitive (repressive), compensatory, moral, political, preventive (preventive), educational and lawful functions.
Given the legal nature of the sanctions of constitutional responsibility, the article also substantiates that they are classified according to various criteria: according to the circle of subjects to which they apply; in its content (the nature of the negative consequences they bear for the offender) according to the imposition procedure; by application time.
Based on the results of scientific research, the main forms of sanctions of constitutional legal responsibility are also identified, which include: cancellation or suspension of acts of state bodies and local governments or their individual provisions; termination of activity of state bodies, local self-government bodies, their officials and officials; annulment of the legal results of certain constitutional legal actions; restriction or suspension of certain fundamental rights of citizens; cancellation of the decision on admission to the citizenship of Ukraine, etc.