The dissertation has improved theoretical provisions of criminal law in terms of liability for non-enforcement of court decisions in criminal proceedings, and worked out directions of improvement of articles 3891, 390, 3901, 391 of the Criminal Code of Ukraine and relevant law enforcement practice.
The historical and legal analysis and the genesis of legislation on criminal liability for crimes related to non-enforcement of court decisions in criminal proceedings have given grounds for distinguishing the following stages of development of this legal phenomenon in the territory of today Ukraine:
1) period of Ancient Rus (VI - middle of the XIV century.). At that time there was no criminal liability enshrined in legal rules for acts related to non-enforcement of court decisions in criminal proceedings, however the birth of a powerful state and the publication of the first important legislative acts laid the foundations for the further appearance of the these rules;
2) Lithuanian-Rus period (XIV-XVII centuries). The main rules of this period were, of course, the Statutes, which established legal liability for non-enforcement of court decisions. First of al, the legislator use sanctions to those who did not pay fines. It should be noted that there was no clear distribution of law into branches (as a consequence, litigations were also general);
3) Russian-Hungarian period (XVIII - beginning of XX century.). At these times there is a division of law into branches, and establishment of criminal liability for certain acts related to non-enforcement of court decisions in criminal proceedings;
4) Soviet period (beginning of the twentieth century - 1991). By 1960-th there is a legal degradation in terms of establishing criminal liability for crimes related to non-enforcement of court decisions in criminal proceedings, connected with the departure from the progressive, at that time, Articles of the 1903, and quick, and sometimes thoughtless, attempts to create their own criminal codes. With the adopting of the Criminal Code of 1960 the situation is diametrically changing - the criminal law is in the stage of gradual development (especially in terms of establishing criminal liability for these acts);
5) independence (today) period. It is characterized by the revision of previous rules that established criminal responsibility for acts related to non-enforcement of court decisions and the emergence of a number of new ones (initially - within the framework of the Criminal Code of 1960, and since 2001 - the current Criminal Code of Ukraine). To date, the Criminal Code of Ukraine included the largest in the history of the number of articles regulating this issue (it is a question of criminal liability for non-enforcement of court decisions exclusively in criminal proceedings).
Consideration of the social condition of criminal liability for non-enforcement of court decision in criminal proceedings has allowed to assert that acts related to non-execution of court decisions in criminal proceedings correspond to the basic principles of criminalization (social danger, necessity of influence with criminal legal measures, taking into account possibilities of criminal justice system in counteracting one or another form of anti-social behavior and as their component is the availability of material resources for the realization criminal legal prohibition, the proportionality of the positive and negative effects of criminalization), and the establishment of criminal liability for them is a socially determined decision.
The author has determined the object of corpus delicti related to non-enforcement of a court decision in criminal proceedings - the procedure for proper execution of sentences, decisions and orders of the court and the punishment imposed by it or other measure of criminal legal influence. The object of the crime stipulated in art. 3901 of the Criminal Code of Ukraine is an established procedure for the proper execution of sentences, rulings and decisions of the court and the punishment imposed by it and additional restrictive measures if they are used.
