Knysh V. Theoretical and legal study of the Institute of Constitutional and Legal Responsibility in Ukraine.

The dissertation is devoted to the general theoretical study of the peculiarities of the formation, development and functioning of constitutional and legal responsibility in Ukraine, its essential and functional features. According to the author, the constitutional and legal responsibility is defined by the constitutional and legal rules of the form of social and legal responsibility, which provides for the proper performance by the subjects of state-political relations of their duties in connection with the acquisition of their special constitutional status and the exercise of political power , and also establishes the negative consequences in the form of constitutional-legal sanctions in case of committing them with a constitutional delict. Investigating the main scientific approaches to this problem, the author emphasizes that in the field of legal science, there are various scientific directions in determining the constitutional and legal responsibility. Such scientific approaches can be grouped into four groups, in particular: 1) a scientific direction based on a narrow understanding of constitutional and legal responsibility, which is based on the recognition of only retrospective (negative) constitutional and legal responsibility; 2) the scientific direction, which justifies a broad understanding of constitutional and legal responsibility, which involves a combination of retrospective (negative) and promising (positive) responsibility; 3) a scientific direction that delimits retrospective (negative) and perspective (positive) responsibility; 4) a scientific direction, which justifies both a combination of retrospective (negative) and perspective (positive) responsibility, and the existence of only a retrospective (negative) responsibility. At the same time, the author supports the approach to combining negative and positive constitutional and legal responsibility. According to the results of the research, the author has substantiated a number of recommendations for improving both the legislation and the mechanism for the implementation of constitutional and legal responsibility in Ukraine.