Constitutional Responsibility Research Articles

Equal Opportunities in Rural Tourism Entrepreneurship: Challenges in Malaysia

Summary Malaysia’s rural demography is multi-racial, with a blend of indigenous sub-groups. To advance the socio-economic status of rural communities, the government introduced various incentives and protectionist policies, including targeted measures in tourism development. As rural Malaysia is predominantly home to the Malays, the indigenous Orang Asli and the natives of Sabah and Sarawak, these policies are consistent with the government’s constitutional responsibility to safeguard these groups’ welfare. Notwithstanding the equal opportunity premise of the tourism policies, the government’s initiatives to advance rural tourism entrepreneurship arguably benefit some groups more than others. In West Malaysia, this is due to the indigenous Orang Asli’s lack of entrepreneurial readiness, which means that they are less able to capitalize on these opportunities. Consequently, the Malay entrepreneurs reap the benefits of protectionist policies and government aid, while the Orang Asli lag behind in tourism participation. This is arguably the outcome of a broad-brush approach in capacity building, with limited differentiation between the rural communities. Information © The Author 2024

Sociodemographic Background Predisposing Youths into Gang Violence in Lagos Metropolis, Nigeria

The historical and constitutional responsibility of youths in any country cannot be underrated because youth remain one of the vital weapons for accelerating and harmonizing societal orderliness Evidence gathered from extant publication shows that youth formed the larger percentage of people apprehended for violence activities in most correctional facilities in the world. In Nigeria, Extant publications were reviewed while Anomie and rational choice theories were adopted for the study. Mixed methods were adopted for collections of data from the inmates in the Lagos correctional facility approved for the study400 hundred copied of structured questionnaires in the three approved corrections in Lagos But 347 of the questionnaires were retrieved for the quantitative analysis while 36 out of 40 interviews conducted were found useful using In-depth interview for the inmates while key informant interviews were used for collection of verbal data from the member of the Nigeria Police Force, Correctional Officers, market men/women and community elders in Lagos. The concluded that gender positioning (t-047), family background (t-=083) and marital status (t=014) significantly predisposed youths into violent activities compared with employment (t= 816), age (t=123) and level of education (t=482). In addition, the qualitative data indicated that immaturity and poor parental background influence youth gang violence. The social interventionist should encourage the family, youths and community members to get involved in decision making, adequate youth development programme should be encouraged and youth should develop act of self-creativity and innovation toward promoting self-image in Nigeria

When Oversight Went Awry: Congress and Intelligence in the Twenty-First Century

Congress’ intelligence oversight has gone off the rails. The legislative branch has taken its constitutional responsibilities of surveying and guiding national intelligence and instead practiced rampant partisanship. The formerly bipartisan and sober intelligence committees have become a political battleground for most of the twenty-first century, although each body will occasionally exhibit rationality and responsibility. Congress began by treating intelligence as another issue to be addressed in the context of contemporary politics. In the Trump era, intelligence itself became a central battleground, and the oversight structure was the forum for a presidential impeachment. Seen in three phases, intelligence oversight in Congress has gone from partisanship (2003–2004) to hyperpartisanship (2004–2014) to intermittent dysfunction (2017–present). This assessment considers Congress’ intelligence oversight through numerous case studies and offers positive examples for reform.

Good Governance and the Partisan Wars: The Effects of Divided Government on Administrative Problem Solving and Oversight Agenda Setting in Congress

Abstract Congress’s constitutional responsibility to oversee and investigate the executive branch of government demands that instances of waste, fraud, and abuse in the administrative state be checked via both legislation and nonlegislative committee hearings. In this article, I establish an oversight agenda for Congress using the nonpartisan Government Accountability Office's (GAO) biennial identification of the most vulnerable federal agencies and programs. I then assess whether and how government-wide partisanship affects Congress’s ability to address this slate of issues. I find that, when government is divided, Congress is more legislatively productive on high-risk issues, and the House of Representatives is more likely to prioritize investigative hearings on high-risk issues. My results suggest a silver lining to the reality of partisan agenda control: preexisting administrative problems identified by well-positioned and well-informed observers at GAO may get more attention when there is a partisan incentive for the legislature to investigate an opposition-controlled government.

Legal Regulation of Military Transport Obligation in the Russian Federation

The article examines the essence, characteristics of normative legal regulation and problematic aspects of implementation of military transport obligation in the Russian Federation. The author notes that in difficult modern conditions, fulfilment by citizens and organisations of their constitutional responsibilities to ensure the defence of the country and the security of the state is an important area of preserving the sovereignty and territorial integrity of Russia. The social, historical and legal roots of military transport obligation are described. It has been studied that in Russia, the legal acts at the federal level have established necessary regulatory and legal requirements, characterised by completeness, accessibility for acquaintance and general elaboration of regulated issues. Military transport obligation in the country has been established to provide state armed forces with vehicles during the period of mobilisation and during wartime. The paper substantiates that military transport obligation appears to be an important structural and functional construct in the material, technical and regulatory support of the country’s defence capability and state security. The author has formulated specific proposals for improving the current state legal regulation of the issue under consideration, to increase the level of mobilisation readiness of vehicles and ensure better performance of military transport obligation.

ՊԵՏՈՒԹՅԱՆ ԳԼԽԻ ՍԱՀՄԱՆԱԴՐԱԿԱՆ ՊԱՏԱՍԽԱՆԱՏՎՈՒԹՅԱՆ ՀԻՄՆԱՀԱՐՑԵՐԸ ՍԱՀՄԱՆԱԴՐԱԿԱՆ ԲԱՐԵՓՈԽՈՒՄՆԵՐԻ ՀԱՄԱՏԵՔՍՏՈՒՄ

The work is dedicated to the powers of the President of the Republic of Armenia and issues of constitutional responsibility in the context of the 2015 constitutional amendments. Historical and comparative legal analysis presents the evolution of the constitutional institution of the president in the Republic of Armenia, examines the demands presented to the presidential candidate, the powers of the head of the state and the structures of their implementation according to the Constitution adopted in 1995, then the constitutional amendments of 2005 and 2015. The issues of positive and negative constitutional responsibility of the presidents of RA and other states, the grounds and procedure for the dismissal of the president are also a subject of study. It is noted that it is a primary task for the President of the Republic of Armenia to observe the observance of the Constitution, as this duty derives from the constitutional position of the head of the state. The head of state is the highest official who carries out the highest representation of the state both in domestic and international relations. ensures the continuity of state institutions, acts as the guarantor of the constitutional order, integrity and independence of the state. The analysis of the international constitutional practice proves that the head of the state can occupy a different place in the system of state power. In a number of countries, the institution of the head of state is not provided in any branch of the state power, or it is provided in the legislative and executive powers at the same time, or only in the executive power. In the Republic of Armenia, the institution of the head of the state is under development due to changes in the form of government formed as a result of constitutional changes in the country.

Odpowiedzialność konstytucyjna prezydentów postradzieckich republik autorytarnych

The article tackles the issue of constitutional responsibility of the Presidents of post-Soviet authoritarian republics (Russia, Belarus, Azerbaijan, Kazakhstan, Kyrgyzstan, Uzbekistan, Tajikistan, and Turkmenistan). This institution exists in the legal orders of most of them, although the complicated procedure, that involves parliaments, supreme courts, and constitutional courts makes it hardly possible to successfully impeach the President. This confirms the thesis that the institution of a democratic state of law in the case of most post-Soviet countries is just a facade. The consecutive parts of the text discuss the existing models of constitutional responsibility of the Presidents of democratic countries, the views of Russian-language legal doctrine regarding this issue, and the regulations implemented by the post-Soviet authoritarian states. The procedure is multi- stage, and the reason for impeachment may be a state treason or a serious crime, but generally not a constitutional tort.

ОСОБЕННОСТИ И УСЛОВИЯ РЕАЛИЗАЦИИ –КОНСТИТУЦИОННО ПРАВОВОЙ ОТВЕТСТВЕННОСТИ ПО ЗАКОНОДАТЕЛЬСТВУ

The article is conducted in order to analyze the constitutional and legal responsibility in the Kyrgyz Republic, with an emphasis on its features and conditions of implementation. According to the Constitution of the Kyrgyz Republic, every citizen is obliged to comply with the Constitution and the laws of the country, for violation of which various forms of responsibility are provided, including constitutional and legal. The article examines in detail the conditions for the implementation of constitutional legal responsibility, which include the presence of an unlawful act or omission, unlawful guilt, causal relationship between the unlawful act (omission) and the harm caused, as well as the presence of the guilty person of a constitutional obligation that he violated. The article also considers the specific features of the implementation of constitutional and legal responsibility in the Kyrgyz Republic, which are associated with the peculiarities of the national legal system, historical and cultural factors, as well as current legislation. The article is intended to promote a deeper understanding of the importance of constitutional responsibility in ensuring legal order and respect for the constitutional rights and freedoms of citizens.

Purpose and specifics of the constitutional and legal responsibility of the participants in the election process

The article is devoted to the study of the purpose and specifics of the constitutional and legal responsibility of the participants of the election process.
 It has been established that currently there is insufficient research on the systematic analysis of constitutional and legal responsibility. Ukrainian legislation regulates various types of legal liability, such as civil, criminal, and administrative, but it is little improved with regard to constitutional and legal liability. The term “constitutional and legal responsibility” is not used in the Constitution of Ukraine, although there are separate provisions related to this form of responsibility. This limits the possibility of using constitutional and legal responsibility to perform various tasks provided for by the constitutional law of Ukraine.
 It was determined that constitutional and legal responsibility has a political nature and can arise even in the absence of violations of the law. In this context, constitutional responsibility is associated with actions that are viewed from a political point of view as negative. An example of such responsibility is the collective responsibility of the government before the parliament, which is provided for in Article 87 of the Constitution of Ukraine. Although this form of responsibility has a political aspect, it cannot be considered full-fledged political responsibility, since political responsibility and legal responsibility are different concepts. One of the differences of legal responsibility is that it is tied to the violation of legal norms, and this involves the application of appropriate coercive measures or sanctions, which are established by law.
 It is emphasized that it is important to create effective regulation of this issue, to ensure a balance between freedom of speech and responsibility for spreading false information. The law should require mandatory fact-checking before publishing information in mass media or social networks during election campaigns.
 Arguably, the development and implementation of electronic platforms for engaging citizens in the electoral process can simplify and improve their participation, including electronic voting, online consultations and other interactive means of communication with citizens.

Sanctions as a measure of constitutional and legal responsibility: legal positions of the Constitutional Court of Ukraine

The article focuses attention on the role of legal positions of the Constitutional Court of Ukraine in improving all components of constitutional and legal responsibility. It is emphasized that in view of the development of social relations, consolidation of Ukraine’s foreign policy course towards full membership in the EU, the war with Russia, one of the key issues is the question of measures of constitutional and legal responsibility (sanctions) in the retrospective aspect. It is noted that currently the measures of constitutional and legal responsibility have the following shortcomings: 1) fragmentation; 2) diversity; 3) conflicts (between normative acts that enshrine them and individual norms of law; conflicts in law-making and law enforcement; conflicts of powers and statuses of state bodies, officials).
 The legal positions of the Constitutional Court of Ukraine regarding sanctions as a measure of constitutional and legal responsibility have been revealed. Attention is focused on their features, if the constitutional responsibility is borne by: 1) a collective subject; 2) an individual subject. It is emphasized that if the constitutional responsibility is borne by an individual subject - sanctions should be individualized as much as possible; a balance must be achieved between the protection of state interests, state security and interference with the rights and freedoms of an individual subject.
 Attention is focused on the sanctions that can be established in the laws of Ukraine (at the same time, it is emphasized that the Verkhovna Rada of Ukraine is not the only entity empowered to establish sanctions), the constitutional and legal responsibility that the parliament itself bears for the adopted laws, acts of public legislation, absolutely defined and non-alternative sanctions.

Hurdles in Joinder: Case of Professor Enu, C.I.I. and Ndokwa West L.G.C., Delta State Nigeria

Joinder of parties in litigation is one recurrent decimal in the administration of civil justice in Nigeria. It is because of its complexity that the theory of representative action developed so that parties who have similar interests in a subject matter in litigation can allow one of their own to institute an action in their behalf usually called class action. Representative actions are popular in family, associational and organizational settings. This study is a critical conversation around the circumstances that gave rise to a joinder application in NWACC/37/2019 Chief Mrs. Rita Enu v. Melody Ogwezzy and Community Integrity Initiative where the defendants in the suit tried to join Professor Emmanuel Ifeanyichukwu Enu, the spouse of the plaintiff and Ndokwa West Local Government Council in an action concerning the naming and allocation of Street numbers in Bishop Titus Enu Close, Kwale Delta State. The study which adopts doctrinal method surveyed the claims and counter-claims in the suit and the evidence in the case and interrogated the judicial authorities in the area of joinder of parties in civil litigation. It critically raises the primary facts which the plaintiff relied upon in suing the defendants and presented the evidence elicited from cross examination of the plaintiff that yielded the factual circumstances that the defendants capitalized upon to raise a Motion on Notice for joinder. Although the joinder was swiftly dismissed by the trial court, an appeal to the High Court of Justice, Kwale was subsequently transferred to the Delta State Customary Court of Appeal, Cabal Point, Asaba where the appeal succeeded in parts: while the Local Government Council was ordered to be joined, the joinder of Professor Enu was refused. The study finds that there are clearly laid down guiding principles that a court follows in the determination of every application touching on joinder the Locus classicus of which is laid down in Green v. Green. It was further found that although the grant or refusal of an application for joinder is an exercise within the discretion of the court, which ought to be exercised judicially and judiciously and the appellate courts do not form the habit of interfering often with the exercise of a lower court’s discretion, in this case under review, the court of appeal intervened essentially because the issue of fair hearing was invoked as the Delta State Customary Court of Appeal, Asaba determined that the defendants had sufficiently demonstrated an indictment of the Local Government Council in the performance of its constitutional responsibility and thus ordered that it should be joined to be confronted with the case and complaints of the defendants.

Perspectives on constitutional responsibility some countries in the world introduction and comparison with Vietnam

The Constitution is the document with the highest position in the legal hierarchy, acting as the original law, as a basis for other documents in the system of legal documents of each country. The contents are indispensable in most constitutions. With the highest legal position and effect, the constitution plays an important role in ensuring human rights and citizens' rights by recognizing these rights, binding the state's responsibility in realizing these rights. constitutional rights and the constitution is also a document restricting the power of the state. Constitutional liability is an important tool for strengthening and developing democracy, but in practice, not all countries are directly mandated by their constitutions or legal documents constitution as a special form of liability. This article gives a general review of constitutional liability in a few diffe ent nations to compare and offer ideas for considering the constitutional liability institution in Vietnam.

A New Dimension of the Constitutional Responsibility of the State for Environmental Damage?

A New Dimension of the Constitutional Responsibility of the State for Environmental Damage?

National Question: Attack on Liberty and Faith in Nigeria (2015 – 2023)

Purpose: The value of the citizens’ liberty in Nigeria and their freedom of worship became greatly assaulted during the twin-light of the Jonathan administration by insurgency of the Boko Haram genre in the north east leading to the administration’s defeat in the 2015 general election. But the attacks became accentuated and worse when the Buhari administration took over on the promise of using his military background to confront the crisis having done so previously during the Maitasene riot in 1983. But since 2015 countless lives have been lost in all fronts in the country with the administration and its security architecture being held responsible for colluding with the insurgents, bandits or terrorists.
 Methodology: This paper which adopts the doctrinal method, surveyed, studied and examined the crisis of the breach of the constitutional and fundamental rights to personal liberty and freedom of worship during the Buhari administration and came to the conclusion that they degenerated to the lowest ebb, making the study necessary in order to highlight the failings of the administration and the exasperation of the citizens. The main sources of materials in this study are newspapers and other documentary reports.
 Findings: It found that the life of an ordinary citizen no longer mattered and that his freedom of worship was so endangered (as exemplified in the bombing of the church in Owo by the terrorists) that the administration threw up its constitutional responsibility in abdication. Peaceful co-existence and the place of religion in the stability of the nation were called into question and the worthlessness of the liberty of the Nigerian citizen raised the issue of the National Question in an era of wanton extra-judicial killings.
 Unique contributions to theory, practice and policy: The study recommends enhanced religious tolerance and bringing criminals to justice.

From the Territorial Defence Forces to the Army of the Republic – The formation of the Armed Forces in light of the Decisions of the Presidency of the Republic of Bosnia and Herzegovina

The organization of the Yugoslav armed forces into two strategic components of which the Yugoslav People’s Army was one, while the others were made up from the territorial defence forces of the Yugoslav republics and autonomous regions, was a concept based on the idea of a massive and general popular resistance, modelled on the partisan movement from the times of the Second World War. From the outset their development and organizational forms were significantly determined, among other things, by the relationship between the unitarist and separatist tendencies and policies, which was a permanent feature of the complete development of the Yugoslav political system that had its final expression in the provisions of the Constitution of the Socialist Federative Republic of Yugoslavia that had been adopted in 1974. The Constitution defined as the right and duty of municipalities, autonomous regions and republics that, in accordance with the system of people’s defence, each one could regulate and organize the people’s defence forces on its own territory. The Law on the people’s defence also delimited and stipulated that the relevant organs of the Federation established the basic plans concerning the development and implementation of Yugoslav armed forces as a whole, securing the unity of their actions and organizing and preparing the Yugoslav People’s Army, while the relevant organs of the republics, regions and municipalities organized and prepared the territorial defence forces and secured the unity of its organization, preparation and action on their respective territories. This was the basic constitutional responsibility in terms of defence which was not changed for the duration of the common state’s existence. Interventions regarding the organization of Yugoslav armed forces that were implemented since the 1980’s were reflected on certain formational solutions, some aspects of relations in the command and control lines and in the selection of personnel for the most responsible duties in the detachments and headquarters of territorial defence forces, but in essence it did not affect the doctrine nor did it change or derogate the constitutional authority of the republics or their state organs in the domain of defence. The state organs of Bosnia and Herzegovina attempted to secure an equal position in the process of Yugoslav dissolution, up to the extent to which this was possible and within the framework of their jurisdiction. In official documents that were adopted in the Assembly in October 1991 and which defined the determination and attitudes of Bosnia and Herzegovina concerning the possible arrangement of the Yugoslav union and the future relations within it, the constitutional authority of the Presidency was confirmed in the domain of defence as well as in the command and control over the territorial defence forces. After the proclamation of state independence and its subsequent international recognition, the dramatic political crisis escalated into an armed aggression against Bosnia and Herzegovina. By proclaiming the state of direct military threat, the Presidency assumed the responsibilities of the Assembly, and with a set of legal acts quickly defined the forms, organization and dynamic of the development of its own armed forces. This development was quickly initiated on 8 April 1992 with the abolishment of the Republican headquarters of the Territorial defence forces of Bosnia and Herzegovina and the establishment of the Headquarters of the Territorial defence forces of the Republic of Bosnia and Herzegovina, which assumed command over the subordinate headquarters and detachments with an unchanged formation and structure. The Decree with legal power that was passed on 20 May defined that Armed forces in peacetime were made up of the Army of the Republic of Bosnia and Herzegovina, while in wartime they also included the police forces and all other armed units that placed themselves under their command. It was stipulated that until the Army became established, its function in the Armed forces would be performed by the Territorial defence forces of the Republic of Bosnia and Herzegovina. On 4 July 1992 the Presidency as the highest organ of leadership and command passed a Decision about the organization of the Armed forces of the Republic of Bosnia and Herzegovina, whereby the Army of the Republic of Bosnia and Herzegovina was officially formed and put into function, while the Territorial defence forces stopped existing.

Governance, Education and Creative Potentials of Nigerian Graduates: A Discourse

One of the cardinal goals of education in every nation is to develop the minds, creative potentials and skills of the citizens. This can be achieved through a well thought out plans and policies of government, whose constitutional responsibilities include: the formulation and implementation of workable educational policies. Therefore, this study is an attempt to explore the extent of success and failure of education policy in Nigeria with specific focus on the creative potentials and skills of Nigerian graduates for job creation and self reliance, which is one of the goals of education policy in Nigeria. To achieve its objective, the paper adopted the descriptive method of research, in which data provided and analyzed were generated from secondary sources - journals, text books, government publications and internet materials. Findings revealed amongst others that, the rate of unemployment, criminality, insurgency, kidnapping and other social vices are not only consequences of poor implementation of education policy, but also, the unemployability and inability of most Nigerian graduates to create jobs and become self reliant, form part of the resultant effects of poor standard/quality of education in Nigeria. Based on the findings, the paper recommended, amongst others that, for Nigerian graduates to practically develop and utilize their creative potentials and skills for job creation and self reliance, teaching/learning should, indeed, be practical, activity-based, experimental and ICT supported, especially in the sciences, and entrepreneurship development. Government should not only make provisions for financial empowerment that will guarantee a smooth takeoff of creative ventures, but should also, ensure strict supervision to ensure that the money gets to the right individuals and utilized for the purpose for which it was disbursed (job creation).

The Impact of Model Courts on the Criminal Justice System of Khyber Pakhtunkhwa: A Case Study Based on Statistical Evaluation

The provision of inexpensive and expeditious justice is one of the constitutional responsibilities of the state, which is fulfilled through the instrument of the judiciary. In pursuance of the Expeditious Justice Initiative, the government of Khyber Pakhtunkhwa (hereinafter KP) established Model Courts in the province in 2019 with the purpose of introducing a time-bound criminal trial regime. The study in hand intends to evaluate the impact of Model Courts on reducing the pendency of criminal cases in KP. To achieve this objective, a questionnaire-based survey was designed, and data was collected from legal professionals as well as litigants. The study findings indicated that both legal professionals and litigants are satisfied with the establishment of the Model Courts and their functions, helping to adjudicate and dispose of the cases in efficient ways in the province. The study suggests that in order to evaluate the efficiency of statistical data regarding the outcome of the Model Courts in terms of its decisions, pendency, rate of conviction and acquittal and the ratio of reversal of its decisions on appeal, it is required to be rigorously analysed. The Model Courts have been used as a case study to bring about some positive changes in the contemporary criminal justice system of the province.

Impact of Implicit Tax on Personal Income Tax Compliance Behaviours

The objectives of this study are to examine the impact of implicit tax, income level and the perception of corruption on personal income tax compliance level in Kaduna State, Nigeria. The data were retrieved from primary sources, and 486 questionnaires were screened and analysed. The Breusch-Pagan-Godfrey Heteroskedasticity test was conducted to determine the presence of heteroskedasticity or otherwise, while the weighted least square regression model was used to analyse the study’s data. It was found that implicit tax and perception of corruption have a significant negative impact on personal income tax compliance behaviour, while income level has an insignificant positive impact on personal income tax compliance level. This study concluded that implicit tax and perception of corruption are important determinants of personal income tax compliance behaviour in Kaduna State, Nigeria. Therefore, the study recommended that Kaduna State government and its relevant agencies should do as much as they can to discharge their constitutional responsibilities and provide the necessary public services. The relevant tax authority should double its efforts in ensuring that all taxpayers, no matter their level of income, comply with the provisions of the relevant tax laws and the regulations of the relevant tax jurisdictions.

ПРИТЯГНЕННЯ СУДДІ ДО ЮРИДИЧНОЇ ВІДПОВІДАЛЬНОСТІ: ТИПОЛОГІЧНИЙ АНАЛІЗ У КРАЇНАХ ЄВРОПЕЙСЬКОГО СОЮЗУ І ПРОЦЕДУРНІ АСПЕКТИ В УКРАЇНІ

Today, there are many urgent problems related to the practical aspects of reforming the judicial system of Ukraine. One of the key aspects of the judicial reform of Ukraine, based on the realities of today, is the formation and development of applied mechanisms for bringing a judge (judges) to legal responsibility, with the aim of: introduction of new effective approaches to ensuring the fundamental right of a person and a citizen to a fair trial; preventing and countering corruption in the judicial system (courts); increasing the authority of the judiciary and citizens' trust in the judicial system of Ukraine. It was determined that today one of the important aspects in this direction is a typological analysis in the countries of the European Union and the study of procedural aspects in Ukraine regarding bringing a judge to legal responsibility. Based on the results of the research, general conclusions were formulated, as well as proposals of a theoretical and practical nature were presented regarding a new solution to certain scientific and practical problems related to the legal responsibility of a judge (judges). In particular, we recommend that the legislation of Ukraine take into account the existing experience of Germany regarding the application of disciplinary responsibility of retired judges. This, taking into account the problems of theory and practice in this direction, will to some extent reduce (in the future) certain abuses of their status by judges, as well as contribute to the restoration of the level of trust and respect for the judiciary on the part of society. To ensure the legitimacy of the lustration procedure (purification of power) in Ukraine, it is necessary to take into account: the principles of the institution of legal responsibility of judges, as well as guarantees of due legal procedure. It is also stated that it is necessary to establish a clear ban on the prosecution of judges in Ukraine for one and the same specific illegal act within such limits as: one type of proceeding (disciplinary, administrative or criminal); administrative and criminal proceedings; any type of legal liability after the application of specific measures provided for by the legislation of Ukraine in the sphere of lustration (purification of power). It is advisable to conduct further research in the direction of studying practical issues regarding the violation of the oath of a judge in Ukraine in the context of constitutional responsibility.

Kontrola parlamentarna rządu w systemach ustrojowych II Rzeczypospolitej w dyskursie polskiej doktryny przedwojennej i współczesnej

The Second Republic of Poland implemented in the first years of independence a significant part of the achievements of Western European parliamentarism with regard to the control function of the executive (government). While in the West the parliament’s powers of scrutiny over the government were mostly subject to regulation by ordinary law, in Poland and other states revived or established in Europe after World War I, the bulk of them became the subject of legal regulation at the level of constitutions, ordinary laws and/or parliamentary rules of procedure. In Poland, law and customs shaped through parliamentary practice played a relatively large role in this regard. During the Second Republic, there were three consecutive constitutional systems in force – the so-called Little Constitution of 1919, the March Constitution of 1921. (since December 1922) and the April Constitution of 1935.The control of the government by parliament was developed to the fullest extent during the period of so-called parliamentary rule, i.e. in the years 1919–1926. After the May coup began, visible mainly in the area of political and parliamentary practice, the process of gradual reduction of the control function of parliament, which found its final legal definition in the provisions of the Basic Law of April 1935. The control function of parliament was exercised at first by the Legislative Sejm, and then, from the end of 1922, by the Sejm and the Senate (the latter to a relatively modest extent). With regard to the criterion of the timing of control activities, parliamentary control of the government was divided in pre-war doctrine into preliminary and subsequent (follow-up). The post-war doctrine, following the position formulated in German science in the second half of the 19th century, also distinguished current control. Implementation of the parliament’s control function in the Second Republic included a very rich catalog of tools (means) of influencing the government. The pre-war doctrine organized them according to the criterion of the timing of control measures or their expediency. After World War II, based on the systemic criterion, ordinary (plenary debate on government policy, parliamentary inquiries and interpellations) and extended (appointment of stand- ing and extraordinary parliamentary committees with, among other things, controlling or investigative powers) means of control were distinguished, as well as statutory preliminary control (passing the budget, giving consent to the ratification of international agreements and issuing certain administrative acts), which tools are characteristic of parliamentary systems assuming the supremacy of parliament over the government. In another view, the instruments of parliamentary control were divided (on the basis of the March Constitution) into traditional means of control (interpellations, committees of inquiry, discharge, control of state debts, approval of temporary restrictions on civil rights and freedoms) and those arising from the principles of the parliamentary-cabinet form of government (debate on the prime minister’s exposé, asking questions, hearing government representatives in plenary and in committees, passing resolutions), as well as sanctions applied as a result of control (such as holding the government and individual ministers politically and constitutionally accountable). In doctrine and parliamentary practice, the greatest differences of opinion with regard to the characterized issues arose and continue to this day, in addition to systematizing issues, such issues as the scope and tools of preliminary parliamentary control, the control of decree legislation, the scope and effects of parliamentary interpellations and questions, extraordinary committees of inquiry, political and parliamentary and constitutional responsibility of the executive branch.