Abstract

The article is devoted to the criminological knowledge of one of the most widespread negative manifestations in the sphere of justice in Ukraine in the form of the phenomenon of interference in the activities of judicial bodies (Article 376 of the Criminal Code). Using the results of theoretical and empirical (materials of criminal proceedings; expert survey of four groups of respondents) research, a system for preventing the specified criminal offenses is proposed. It is emphasized that non-punitive (criminological) influence on this socio-legal phenomenon is more effective compared to punitive (criminal-legal) means of combating it. It is proposed to include areas and measures of general social, special criminological and victimological prevention in the system of prevention of interference in the activity of courts. Attribution of the general social level to the determining directions of prevention of the phenomenon under consideration is argued. It is noted that the structure of general prevention is determined by the specifics of the sphere of justice and includes: measures to strengthen guarantees of independence of judges; measures within the scope of judicial reform; reforming spheres and bodies related to justice (political system, prosecutor's office, advocacy, socio-cultural sphere). Special prevention is based on organizational and managerial, informational, regulatory and technical measures. A special emphasis is placed on the need to implement victimological prevention measures. It concerns the development and improvement of the existing professional skills of judges, necessary to protect their independent status, as well as to prevent their initial, as well as repeated, victimization. It is emphasized that the effectiveness of preventing this phenomenon correlates with the breadth and depth of implementation of established international and European standards of independence of judicial bodies in the sphere of justice of Ukraine.

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