Constitutional and legal responsibility of subjects of the election process: general principles

The scientific article examines and analyzes the general principles of the constitutional and legal responsibility of the subjects of the election process. It has been established that legal responsibility in constitutional law means social and public legal responsibility for violation of the current constitutional legislation of Ukraine. This responsibility can be both direct, the types and extent of which are established by the constitutional legislation of Ukraine (constitutional-legal responsibility), and indirect, the types and extent of which are determined by other branches of Ukrainian law. It was determined that the normative basis of constitutional and legal responsibility is the establishment of actual illegal actions in constitutional and legislative acts that cause constitutional and legal responsibility. The actual basis for the emergence of constitutional-legal responsibility is a constitutional offense committed by the subject of constitutional-legal relations. The procedural basis for the emergence of constitutional liability is a decision made by the relevant body (official) regarding a constitutional offense. It is emphasized that the constitutional and legal responsibility of the subjects of the election process ensures the correct course of elections and compliance with democratic principles, and also guarantees that the elections are held openly, honestly and taking into account the rights and interests of all citizens. Its legislative regulation and optimal practical application is critical for ensuring democracy, legitimacy and stability of government, as it includes compliance with constitutional norms, protection of voters’ rights, ensuring the honesty and transparency of the electoral process and protection of the constitutional order in the country. In summary, when analyzing the essence of the constitutional and legal responsibility of the subjects of the election process, it should be taken into account that the basis for this responsibility is their constitutional and legal nature and status. Constitutional and legal responsibility for violation of election legislation has a significant political color, as it is determined by the subject’s participation in election processes that relate to the organization of elections and their conduct; determination of who should exercise state power; covers the interaction between the state and citizens and reflects the desire of subjects to achieve power and influence on the formation of general decisions of the state, including their leading role in this process.