To the characterization of certain methods of interference with the activities of judicial authorities (Article 376 of the Criminal Code of Ukraine).

Abstract

The article provides a criminal law characterization of the methods of interference with the judiciary (Article 376 of the Criminal Code of Ukraine), which are most relevant at the current stage of application of this criminal law provision. Based on the generalization of scientific research, the practice of the High Council of Justice, international and national judicial institutions, the methods of criminalized interference with the judiciary are grouped into the following main groups: 1) unlawful influence on the victim (requests, instructions, recommendations, demands, threats, violence, bribery, criticism of the judge in the media before the case is resolved in connection with its consideration); 2) any form of obstruction to the exercise of lawful activity by a judge (picketing of the court, organization of meetings, marches, demonstrations, etc.).
The author provides additional arguments in favor of the opponents of enshrining the list of methods of unlawful influence on a judge in the construction of Article 376 of the Criminal Code of Ukraine: 1) enshrining even only the main methods in the construction of a criminal law provision will significantly overburden the legislative construction, which may lead to respective difficulties in law enforcement; 2) some of the methods of illegal influence proposed for enshrining in an open list may be recognized as criminal only in view of the specific circumstances of the case. Under other conditions, the use of other legal response measures will be sufficient for the same methods, which indicates the lack of unambiguous understanding of such criminalization; 3) the practice of modern dialogue between the judiciary and governmental entities, business representatives, and the public is not static and unchanged, activating new forms (methods). Anti-social behavior is no exception in this regard, so the openness of the list of methods of the objective side of a criminal offense will sooner or later require its revision to ensure that it remains relevant and meets the needs of law enforcement through the implementation of a costly and often time-consuming legislative procedure for amending and supplementing it. There is a threat of untimely consideration of the relevant needs by the legislative branch.