Foreign experience in regulating criminal liability for interfering in the activities of judicial bodies and institutions of justice of Ukraine

Issue: № 9/1, 2022

Doi: https://doi.org/10.37634/efp.2022.9(1).5

The paper examines the peculiarities of the application of the positive experience of legislative activity of foreign countries in regulating criminal liability for interference in the activities of judicial bodies and judicial institutions of Ukraine. Various approaches to the legal regulation of criminal liability for interfering in the activities of judicial bodies (judicial authorities) are analyzed. It is stated that the criminalization of the act in the national legislation is due to a number of different factors, including the peculiarities of certain branches of law and legal culture. Тhe description of the signs of a criminal offense in a separate norm of the criminal law is not in itself a sign of its effectiveness. The fact that in the vast majority of foreign countries interference in the work of automated systems of judicial bodies and institutions of justice is carried out within the criminal law protection of the use of computers, systems and computer networks and networks or information security, does not indicate that national law considers criminal offenses against justice to be less socially dangerous.

Keywords : interference in activities, judicial authorities, foreign experience, criminal liability, international practice, national legislation, court decisions, justice

References:

1. Kopylenko O L., Bohachova O.V. Law-making process: state and ways of improvement. Scientific Papers of the Legislation Institute of the Verkhovna Rada of Ukraine. 2010. № 1. pp. 5-14. (in Ukrainian).

2. Drozdov O., Drozdova O. Independence of justice: what vector of development for Ukraine does the practice of the ECtHR provide. URL: https://www.echr.com.ua/nezalezhnist-pravosuddya-yakij-vektor-rozvitku-dlya-ukra%D1%97ni-daye-praktika-yespl/ (in Ukrainian).

3. The Criminal Code of China. URL: https://www.mfa.gov.cn/ce/cerus/rus/zfhz/zgflyd/t1330730.htm (in Russian).

4. Shcherbyna A.V. Criminal liability for illegal interference in the work of the automated system of document circulation of the court (Article 376-1 of the Criminal Code): diss. … PhD in legal sciences. Mariupol, 2021. 180 p. (in Ukrainian).

5. Explanatory note to the draft Law of Ukraine "On Amendments to Certain Legislative Acts of Ukraine Regarding the Introduction of an Automated Document Management System in Administrative Courts" No. 4324 dated June 6, 2009. URL: http://w1.c1.rada.gov.ua/pls/zweb2/webproc4_1?pf3511=34950 (in Ukrainian).

6. Criminal Code of Georgia. URL: https://matsne.gov.ge/ru/document/view/16426?publication=229 (in Russian).

7. Law on the Criminal Law of Israel. URL: http://library.khpg.org/files/docs/1375279180.pdf (in Russian).

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