THE PROBLEM OF APPLICATION OF THE LEGISLATION ON CONSIDERATION OF THE QUESTIONNAIRE OF THE INFRINGEMENT TO THE COURT

Abstract

The article deals with issues of disrespect to the court and the problems of the application of legislation aimed at preventing and terminating this phenomenon. Proposals for elimination of certain shortcomings of the current legislation are given. The approaches of scholars to the definition of “contempt of court” are analyzed and what enforcement measures are applied in accordance with the current legislation in case of committing administrative offenses of this category. The authors emphasize that today in the legislation of Ukraine there is no separate normative legal act that would determine the complete list of acts that fall under the definition of “disrespect to the court” and the range of responsible ones. It is shown that contempt of the court may be manifested both in the form of active actions and in the form of inactivity. Thus, active actions indicating disrespect for the court include the failure of the witness, the victim, the plaintiff, the defendant and other citizens to order the presiding judge, the violation of the order in the court, as well as the commission of any actions that indicate an obvious neglect of the court or established in court rules. The forms of inactivity include the absence of participants in the trial in court, which is one of the main reasons for the breach by the courts of Ukraine of time-limits for the consideration of cases of different categories by the courts of Ukraine. In general, the spread of disrespect to the court, the avoidance of guilty parties legal liability for such an offense, the lack of adequate premises for the courts, etc., lead to a failure by the Ukrainian state to fulfill its obligations to ensure the right to a fair trial. It is concluded that the state of respect for the courts and judges in Ukraine, in particular, is generally negative in Ukraine. The existing provisions of national law governing liability for disrespect to the court have rather modest forms of punishment. Therefore, in our opinion, it is expedient to further elaborate the outlined issues for a clear definition of the notion of “disrespect for the court” and the introduction of the rules of conduct of citizens in court common to all courts.