Problem issues of criminal liability for offenses against justice under the project of the Criminal code of Ukraine

In connection with Ukraine's acquisition of the status of a candidate for EU membership, and the related need to adapt the national law of Ukraine to EU law, including ensuring the independence of the judiciary and its effectiveness, it is important to study the problems of criminal liability for offenses against justice. The purpose of this article is the formulation of a proposal regarding the legislative model of criminal offenses committed through unlawful influence on participants in relations regarding the implementation of judicial proceedings and the execution of court decisions, providing of more complete criminal legal protection of professional advocacy activities under the draft Criminal Code of Ukraine. In the process of this research, a dialectical approach and its corresponding method, a systematic approach, methods of systemic analysis, technical-legal analysis, formal-logical, sociological, have been applied. As a result of the conducted research, the approaches that might be followed when formulating criminal law norms on responsibility for unlawful influence on participants in judicial proceedings and the execution of court decisions have been formulated. The  authors argued the expediency of providing in the draft Criminal Code of Ukraine responsibility for interference in the activities of special victims – participants of the relations regarding judicial proceedings and execution of court decisions, for the encroachment on their personal values in connection with their authorities in justice, execution of court decisions with differentiation of the forms of such influence on the respective victims depending on its intensity, which have different degrees of social danger. The proposals to ensure more complete criminal legal protection of advocacy by means of criminal law have been formulated.

criminal offense, criminal liability, justice, illegal influence, advocate, differentiation of criminal liability