Konovalova N. Legal responsibility of guilty persons for contempt of court

Українська версія

Thesis for the degree of Doctor of Philosophy (PhD)

State registration number

0821U100544

Applicant for

Specialization

  • 081 - Право. Право

26-03-2021

Specialized Academic Board

ДФ 35.140.002

Lviv University of Business and Law

Essay

The object of research is to prevent and counteract the manifestations of contempt of court (judge). The subject of the study is the legal responsibility of guilty persons for contempt of court. The first section of the dissertation “Theoretical and legal principles of legal responsibility for contempt of court” reveals the essential and substantive properties of the concept of “contempt of court (judge)”; formulated and disclosed the main features of respect for the court (judge) as a social and legal value; the foreign experience of legislative regulation of legal responsibility for contempt of court (judge) is analyzed in order to identify and determine the main directions of its borrowing (practical use) for Ukraine. The second section of the dissertation “Peculiarities of legal responsibility for contempt of court (judge) under the laws of Ukraine” explores the types of legal responsibility for contempt of court (judge); the peculiarities of the institute of procedural responsibility for violation of the order in the courtroom are determined; the mechanism of application of administrative penalties as a means of punishment for committing offenses against justice in Ukraine is analyzed. In the third section of the dissertation “Directions for improving the legislation of Ukraine in the field of prevention and counteraction to contempt of court (judge)” presents a scientific and practical commentary to Art. 185-3 of the Code of Ukraine on Administrative Offenses (contempt of court) in the administration of justice, as well as highlighted the main problematic aspects in this area and provided recommendations for legislative regulation of legal responsibility for contempt of court (judge) in Ukraine taking into account foreign experience; proposed classification of measures of procedural coercion (as a systematic approach) to prevent (counteract) and end contempt of court (judge); proposals of theoretical and practical character on improvement of the legal and administrative-administrative mechanism of legal responsibility of guilty persons for contempt of court, proceeding from modern realities are formulated.

Files

Similar theses