Pravo/ 8. Constitutional low
ZHarovska Iryna Myroslav
Candidate of legal sciences, associate
professor of department of theory of the state and right Lviv commercial academy
Problem questions of responsibility of state authority
For
Ukrainian society evident is a noticeable shortage of responsibility of public
organs and public officers for the purposeful, proper and timely realization by
them imperious plenary powers. Such situation negatively affects not only
capability of the state but also on her perception by wide public and
predetermines the necessity of deep research of responsibility phenomenon .
Therefore questions of this lecture are actual and timely not only from the
theoretical point of view but also from practical application.
The
purpose of legal, political and social sciences is to research of aspects of
perfection of legitimate mechanisms which will allow to send political activity
of subjects of state authority in a structural river-bed and limit destructive
practice in the system of modern political relations. Attaining this is
possible combining two factors. First is establishment of the real sovereignty
of people of Ukraine the second foresees creation of legal facilities and
establishment of measure of influence from the side of institutes of civil
society on the subjects of state authority in the case of violation by them
political norms, failure to observe of the undertaken political obligations.
This lecture is dedicated to the research of the last aspect.
In the
ontological understanding political and legal responsibility shows by itself
the special type of social responsibility which consists in legitimate
application of political and legal approvals to the subjects of policy, comes for violation by them political norms,
undertaken political obligations. The modern Ukrainian scientists complemented
classic definition in such way: "Variety of social responsibility which
arises up in the process of activity of different subjects in connection with
organization realization and development of state authoruty, and also at
development and realization in life of policy which represents progressive
directions and purpose of development of society" [1, C.17]
An
irrefutable paradigm is a dogma that a presence of mechanism of responsibility
of state authority is the attribute of
democratic policy. However, even in east despotisms there was political
responsibility as responsibility before a dynasty, dominating layers, ruling
groupings, by coming generations etc. In this relation К. Popper justly
noticed: "Not a single political authority never was out-of-control, and,
while people will remain humane.. there can not be absolute and unlimited
political power" [2, С. 141]. In every country the mechanism of providing
of political responsibility is formed under determinantinfluence of national
specific.
Thus,
development of generating theory of responsibility of state authority is the
issue of the day of legal science. A theoretical comprehension and real
embodiment of mechanism of responsibility is the factor of construction of
optimal co-operation of the state and civil society, by basis of forming of
trust to power and implementation the population of will of imperious organs.
Literature:
1. Самуйлік Μ. Μ. Політична
відповідальність: специфіка, структура, функціонування/ Μ.
Μ. Самуйлік // Автореф. ... канд. політ. наук / Одеський держ.
ун-т.- Одеса, 1997.
2. Поппер К. Открытое общество и его враги : пер. с англ. / К. Поппер. В
2 т. Т. 1. – М. : Культур. инициатива, 1992. –
446 с.