История возникновения и развития российского уголовного законодательства об ответственности за неисполнение приговора суда, решения суда или иного судебного акта

Abstract

Understanding the legal value of justice as a type of state activity, during which the function of social control is carried out and the proper degree of uniform behavior of citizens is ensured, was achieved only during the evolutionary development of society in the process of improving the legislative mechanism and increasing the value of normative regulation of relations in the field of administration of justice. At the same time, an important guarantee of the effective implementation of judicial power is the principle of universally binding judicial acts. This principle ensures the ordering of social relations through the enforcement of legal norms. In this regard, the current law provides for criminal liability for non-execution of judicial acts (sentences, decisions, etc.). This criminal law prohibition is not an arbitrary act of the legislator; its formation and development are directly related to the process of formation of social relations. At the same time, criminal legal ensured the protection of a judicial act from non-execution means not at all stages of the historical development of society. The emergence of this norm is due to a number of interrelated and interdependent factors, among which the most important are, firstly, the level of organization of the mechanism of state power, and secondly, the complication of the system of state bodies and the separation of justice bodies in it. It is through the prism of these factors that an analysis of legislation on criminal liability for non-execution of judicial acts is necessary. The subject of research within the framework of this article is the historical background of the process of formation and development in the pre-Soviet and Soviet periods of criminal legislation, providing for liability for failure to comply with a court verdict, court decision or other judicial act. It is concluded that the criminal legal protection of relations arising in the sphere of execution of judicial acts largely depended on the mechanism for the implementation of judicial power and the models of execution of court decisions determined by this mechanism. In the process of historical development of Russian statehood and legislation, the nature and methods of exercising judicial and executive (administrative) power underwent changes, the established procedure for the execution of judicial acts in civil and criminal cases, as well as the criminal law mechanism for its (procedure) protection, underwent corresponding changes.