The dissertation is devoted to criminal liability for interfering in the activities of a defender. The state of research of a problem is opened. It is stated that at the monographic level in Ukraine there are no complex system developments on this issue. It has been established that many issues related to liability for this criminal offense are debatable, and some of them have either not been considered at the scientific level at all, or insufficient attention has been paid to their study.
The principles and preconditions of criminalization, taken into account by the legislator when establishing criminal liability for interfering in the activities of a lawyer, have been clarified. It is stated that the social conditionality of criminalization in this case was determined mainly by objective realities - negative trends in the legal culture of the citizens of Ukraine.
A comparative analysis of domestic and foreign experience in criminal law protection of the defender's activities is carried out. It is emphasized that the method of establishing criminal liability for interfering in the activities of a lawyer, used in the Criminal Code of Ukraine, is not widespread, but not unique. It is noted that a number of foreign countries contain in their legislation similar to Art. 397 of the Criminal Code of Ukraine norm.
However, the criminal law prohibition of interference in the professional activities of persons who protect or prevent it, is implemented in foreign countries, in particular, by establishing criminal liability for the commission (or failure to commit) by officials of acts that entail significant violations of the rights and guarantees of persons , including during his professional activity in providing legal assistance.
It is emphasized that the direct object of the studied composition is two-component, ie complex, complex. It is determined that the victim in the interference in the activities of defense counsel is, in fact, the person who performs the function of protection (mandatory victim), as well as the person whose rights are protected - optional victim - suspect, accused, defendant, acquitted, person in respect of whom the application of coercive measures of a medical or educational nature or the issue of their application has been resolved, as well as the person in respect of whom the issue of extradition to a foreign state (extradition) is envisaged.
It is concluded that the objective side of the criminal offense under Art. 397 of the Criminal Code of Ukraine, is expressed in the commission of obstacles to the lawful activities of the victim through active or passive voluntary illegal behavior aimed at violating the professional rights and guarantees of the defender to provide legal assistance in criminal or administrative proceedings.
It is emphasized that the legal activity of a legal aid defender should be understood as the implementation by a lawyer or a representative of a legal aid person of any legal measures to protect the rights and interests of individuals during criminal or administrative proceedings, which are carried out in accordance with applicable law and by means and methods not prohibited by law, provided that such activity is professional.
An analysis of the legal literature and jurisprudence has led to the conclusion that the subject of most criminal offenses, which consist in obstructing the activities of a lawyer, is a "physically sane person who has reached 16 years of age."
According to the results of the analysis of the subjective side of the criminal offense proposed in the norm of Art. 397 of the Criminal Code to provide for the purpose as a mandatory feature of the subjective side of the intervention in the activities of the defender.
It is determined that the obligatory precondition for the effective application of criminal liability for interfering in the activities of the defender is the correct and accurate qualification of the encroachment under Art. 397 of the Criminal Code of Ukraine.
It is noted that criminal liability for interfering in the activities of a defense counsel is the application to the person who committed the act, a formal conviction expressed in a court conviction, as well as further restriction of his personal, property and other rights within the limits of the type and amount of punishment. established by the sanctions of Art. 397 of the Criminal Code of Ukraine, and the state of a person's criminal record for the specified criminal offense.
The main element of criminal liability for interfering in the activities of a defender is a set of restrictions on rights and freedoms, which are defined in the criminal penalty provided by the legislator for this criminal offense - in the sanctions of Part 1 and Part 2 of Art. 397 CC.
It is concluded that the sanctions of Art. 397 of the Criminal Code, which determine the limits of criminal liability for interfering in the activities of a lawyer, mostly meet scientifically sound requirements.
