Social conditionality of protection of the order of execution of court decisions

Abstract

The article deals with the social conditionality of the criminal and legal protection of the enforcement of court decisions.
 The grounds and principles of setting up criminal responsibility for not fulfilling court decision are being investigated. The grounds of setting up criminal responsibility for not fulfilling court decision were researched on the light of different theories of criminalization. One of them proceeds from its understanding as an integral part of criminal law policy. According other theory criminalization is a system of crimes that are written in the criminal law also as result of legislative activity of the state.
 Based on the above, it can be concluded that, regardless of the chosen theoretical model of criminalization of action, the social conditionality of criminal protection of non-enforcement of a court decision is characterized by all the characteristics that lead to the conclusion that it is appropriate to criminalize such behavior.
 The main factors (grounds, criteria) of criminalizing the non-enforcement of a court decision include: 1) socially dangerous of behavior that encroaches on the authority of justice, since the execution of a court decision is one of the guarantees of access to justice; 2) the widespread prevalence of this socially dangerous behavior that gave rise to ECHR finding of the systemic nature of non-enforcement of judgments in Ukraine; 3) the need to fulfill the international obligations arising from the membership of Ukraine in the Council of Europe and the recognition of the jurisdiction of the ECHR, which leads to the implementation of general measures.
 These factors determine the need to influence the public relations by criminal law measures, however, taking into account the principle of saving criminal repression.