Batanova N. M. The historical origins of the institute of constitutional and legal responsibility
The article examines the historical origins of constitutional and legal responsibility. It is argued that the establishment of constitutional and legal responsibility is inextricably linked to the formation of constitutional law as a branch of law. It was quite natural, since the formation of claims of responsibility, especially to the government, has become the cornerstone of constitutionalism, which took place around the construction of the entire state mechanism.
The first beginnings of constitutional and legal responsibility are still in the Kyievan Rus during an activity the veche (X-XI centuries.). During this period, the only source of law was customary law. Legislative activities of state authorities were insignificant and very limited advantage of customary law. Documents that were predominantly form of written law and is considered the oldest, were princely agreements (international, agreements among themselves princes and princes agreements with the people). We can assume that the first prototype of constitutional delicts was just non-compliance with contract terms, which are set by mutual agreement of the prince and the veche. The penalty for violation of the terms “ryad” in this case was the expulsion of the prince, his removal from the throne. The procedure for removal from the throne prince is somewhat similar to the modern procedure presidential recall people exist in some countries. And if the pay attention to the fact that with the help of the veche are sometimes sought replacement posadniks, tiuns and other princely officials, it can be called a prototype of the institute impeachment by senior officials of the government.
Constitutional and legal responsibility appeared simultaneously with the appearance of the first constitutional documents and the first constitutions. One of the most interesting sources of Ukrainian political and legal thought of the XVIII century is Pylyp Orlyk Constitution, dated April 5, 1710, some provisions of which can be regarded as the origins of constitutional responsibility, the ability to eliminate the hetman from power by court order.
The end of XIX-beginning of XX century characterized by fixation constitutional responsibility and its grounds at the legislative level, in constitutional projects. Analyzed scientific works, which can be regarded as the theoretical basis of the constitutional and legal responsibility (impeachment of ministers and other officials of the state government) and in which the distinction of constitutional and legal and political responsibility. Considered progressive ideas about creating a specialized body (Supreme Court of the State, the State Tribunal) authorized to consider the constitutional and legal responsibility of senior government officials.
It is proved that the institution of constitutional responsibility in Ukraine is established with the first constitutional acts and the first constitutions and for several centuries goes a long way of evolution, gradually turning from a purely political action regulated by law institute.
Key words: constitutional and legal responsibility, constitutional delict, constitution, constitutionalism.