Criminal Law Approach to Justice Conception

The article is devoted to the problem of justice conception in criminal law field of vision. Author demonstrated that legislator and scientists use different approaches to justice conception – «broad» and «narrow». In its 124 art. Ukrainian Constitution establishes that justice in Ukraine is realized exclusively by courts. But in the XVIII chapter of the special part of Ukrainian Criminal Code «Crimes against justice», author also can see norms that provide legal protection not only for courts’ activity. some other norms among them can be named: «Deliberately illegal detention, bringing, arrest or holding in custody» (art. 371 by Criminal Code of Ukraine), «Deliberately false notice about perpetration of a crime» (art. 383 by Criminal Code of Ukraine), «Disclosure of information on pretrial investigation or inquiry» (art.. 387 by Criminal Code of Ukraine), «Malicious insubordination to correctional facility administrations’ orders» (art. 391 by Criminal Code of Ukraine) etc. So, according to the norms of the XVIII chapter of the special part of Ukrainian Criminal Code, there exists protection not only for court bodies’ activity but also for bodies that help to provide justice such as pretrial and inquiry bodies and bodies that insure trial decision execution. Except Ukrainian Criminal Code, the term «justice» as a part of the chapters’ titles is used in other countries – Austria, Bulgaria, Latvia, Lithuania, Moldova, Poland, Switzerland, etc. Justice conception using in Criminal Codes in other Countries are different. In the criminal laws of the Federal Republic of Germany, Sweden, Holland, Belgium and other countries there are no problems of interpretation of the term «justice» because these codes do not contain a separate part entitled «Crimes against justice».
Author also analyzed legislation in the sphere of justice realization: Criminal Procedure Code, Civil Procedure Code, Administrative Justice Code and some other Law of Ukraine. Because of this, the notion of «justice» in the current legislation should be considered in terms of «broad» understanding of the term. Thus, this concept should include not only the activities of the Court in considering and solving cases, but also the activities of the preliminary investigation, inquiry, and the bodies performing verdicts, legal resolution and rulings. Attention should also be paid to the fact that during the course of the proceedings of judgment it involves professional advocates, representatives of the parties to the case, experts, specialists, translators and
others who promote the search for the truth in the case. As a result of justice conception analysis, author could formulate group object of crimes against justice – public relations in the sphere of guaranteeing of justice realization. Also it was given crimes against justice in different groups (in accordance to specific objects).