Bakumov O. Institutionalization of state responsibility: theoretical, constitutional and legal aspects

The theoretical and legal bases of the state responsibility doctrine are clarified. The existing historical and legal doctrines about the state responsibility in their diachronic perspective are analyzed. The main approaches to the content of the concept of “state responsibility” in Ukrainian and foreign law doctrine are outlined. It has been proved that the state responsibility should be considered not only as a set of certain legal norms or a set of institutions that ensure their implementation, but also as a part of a certain ideological system. The peculiarities of liability as a component of the state legal status are clarified. The structural characteristics of the institute of state legal responsibility are determined. In the context of comparative approaches, the unity in the diversity of constitutional models of state responsibility in modern Ukraine and the world has been demonstrated. The mechanism of legal responsibility of the Ukrainian state under the Convention for the Protection of Human Rights and Fundamental Freedoms is outlined. The peculiarities of the responsibility of Verkhovna Rada of Ukraine, the President of Ukraine and the Cabinet of Ministers of Ukraine in the system of responsibility of the state are determined. It has been proved that in Ukraine bringing the state to justice is the prerogative of the court, as there is no institution of extrajudicial forms and mechanisms for applying the institution of its legal responsibility. Constitutional and administrative proceedings are recognized as the main jurisdictional forms of legal responsibility. Prospects for modernization of the institution of state responsibility as a component of constitutional reform in modern Ukraine are comprehended. In the context of strengthening the responsibility of the state, ways to solve the constitutional and legal problems of the development of institutions of direct democracy are proposed. The constitutional and legal aspects of ensuring the legal state responsibility in modern Ukraine in the conditions of special legal regimes are identified and analyzed. The significance of the legal positions of the Constitutional Court of Ukraine for the formation, approval and development of the institution of state responsibility as one of the key institutions in the system of constitutionalism is described.