Генезис и перспективы правового регулирования института ответственности за неуважение к суду

Abstract

The article examines the main stages of the formation of the criminal law prohibition, which guarantees the maintenance of a correct form of communication when participating in court proceedings. Provisions on liability for contempt of court have undergone a long evolutionary period, in the course of which the need for the existence of special legal consequences arising in connection with insulting behavior towards judges and other participants of judicial proceedings was stated. In fact, their development accompanied the formation of judicial power in Russia. Exercising justice is an important way to resolve conflicts, as a consequence of which the current legislation establishes a special procedure for participation in court proceedings. This procedure is based on respect for the attributes of judicial power. Insulting the participants of judicial proceedings grossly contradicts the generally accepted norms of behavior in society, attacks the authority of the court, as well as the persons endowed with the status of a judge. As an intentional crime, contempt of court is accompanied by humiliation of honor and dignity of judges and other participants of court proceedings. At the same time, it has a relative prevalence, excluding both the need for decriminalization and absorption by other provisions of the law protecting the honor and dignity of the individual.