SOME ASPECTS OF QUALIFICATION OF FAILURE TO OBSERVE А JUDGEMENT
Journal Title: Юридичний науковий електронний журнал - Year 2017, Vol 2, Issue
Abstract
The article is devoted to certain issues of qualification of the crime under Art. 382 of the Criminal Code of Ukraine. The application of the Art. 382 of the Criminal Code of Ukraine was determined a number of controversial points: the continuance of the non-execution; importance failure caused such damage (they are reflected in the decisions of the European Court of Human Rights); the numerous instructions, legal guidelines that allow officers «legitimate» to delay the execution of the judgment; limited range of legal acts that are the subject of crime. The subject of the crime is an act of justice (judgment, order or decision), which entered into force and that the decree: a) any type of proceedings (civil, commercial, administrative or criminal); b) any court (commercial, civil, criminal jurisdiction specialized); c) any judicial body (the first instance, appeal, cassation). Since the failure of judicial act becomes the crime take on continuing nature. Here we should pay attention to the fact that, in terms of the practice of the ECHR, enforcement case does not absolve the state of responsibility for what happened its continued failure. Therefore, if the court decision on the case was executed, the state must compensate additional damage caused by prolonged failure.
Authors and Affiliations
І. М. Горбачова
Keywords
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