On the principles of criminalization of interference with the judiciary

Abstract

Purpose. The purpose of the study is to determine whether the national legislator complies with the basic principles of criminalization of socially dangerous behavior when criminalizing interference with the activities of judicial bodies. Methods. The methodology includes the analysis and generalization of scientific positions on the theory of criminalization, which is justifiably considered to be among the most controversial in criminal law doctrine. The following methods of scientific cognition were used: logical and semantic (for understanding the conceptual apparatus), formal and legal (application of the rules of formal logic in analyzing the construction of the crime under Article 376 of the Criminal Code), and the method of analysis. Results. In the course of the study, the author confirms that the principles of criminalization of interference with the judiciary are not observed: 1) procedural possibility of prosecution. The critically small array of recorded criminal offenses indicates the complexity of proof in this category of cases, which is largely due to the imperfection of the legislative construction of Article 376 of the Criminal Code; 2) certainty and unity of terminology - due to the systemic contradiction in the formulation of prohibited behavior and the use of the evaluative category «unjust decision». The scientific novelty is to confirm the shortcomings of the legislative construction of Article 376 of the Criminal Code, which are the result of violation of certain principles of criminalization of behavior. Practical significance. The results of the study can be used in the course of further regulatory and legal improvement of Article 376 of the Criminal Code, as well as in the development of scientific provisions on criminalization of crimes against justice.