Issue: № 9, 2022
Doi: https://doi.org/10.37634/efp.2022.9.3
The paper examines the grounds of criminalization of interference in the activities of judicial bodies and the work of automated systems in the institutions of the justice system of Ukraine. Different approaches of scientists regarding the grounds of criminalization of illegal interference in the work of the court's automated document management system have been analyzed. It is indicated that the criminalization of an act in the national legislation is due to a number of different factors, including the peculiarities of certain branches of law and legal culture. It is indicated that the reasons for criminalizing interference in the activities of judicial bodies and the operation of automated systems in the institutions of the justice system of Ukraine include: 1) changes in the social and political system caused by the transition from a totalitarian to a democratic political regime, as a result of which the public demand for justice became associated precisely with the independent judiciary both in the institutional aspect and in the individual aspect of the independence of the judge; 2) enshrining the provisions on the independence and inviolability of judges in the Constitution of Ukraine and introducing into the national legislation on the status of judges the international standards of independence of judges in the institutional aspect, which determined the conformity of the social value of the independence of the court with the introduction of its protection by criminal legal means; 3) international legal obligations of Ukraine, which arose on the basis of the provisions of the Convention on Cybercrime, in terms of the criminalization of interference in the operation of automated systems in judicial bodies and institutions of the justice system, as well as technical development, due to the increase in the use of information and technical technologies with the aim of reducing human participation as a possible factor in the formation of corruption risk, as well as the introduction of electronic democracy.
Keywords : interference in activities, judicial bodies, grounds for criminalization, criminal responsibility, international practice, national legislation, court decision, justice
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