PREVENTING INTERFERENCE IN THE ACTIVITIES OF THE JUDICIARY AND ENSURING THE INDEPENDENCE OF JUDGES: CRIMINAL LEGAL AND PROCEDURAL ASPECTS

Abstract

The study of the problem of ensuring real, rather than declarative, independence of the judiciary in Ukraine is relevant, which is gaining particular importance in the conditions of full-scale armed aggression of the Russian Federation and the implementation of a strategic course for European integration. The article highlights the problem of insufficient effectiveness of existing criminal law and procedural mechanisms for countering interference in the activities of judges. The author emphasizes that only an impartial and impartial court is able to fulfill its main task- the administration of justice, and any illegal influence on judges undermines the foundations of the rule of law and public trust in the justice system. The article justifies the need for a comprehensive approach to protecting judicial independence, which should combine both substantive and procedural law. The research methods were formal and legal, which allowed analyzing the provisions of the Constitution of Ukraine, the Criminal and Criminal Procedure Codes, the laws of Ukraine «On the Judiciary and the Status of Judges» and «On the High Council of Justice»; systemic-structural, which was used to study the system of guarantees of judicial independence as a whole; as well as the method of analyzing scientific doctrine and empirical data, in particular reports of the High Council of Justice, which made it possible to identify typical forms of interference and problems of law enforcement.The article analyzes the composition of the criminal offense provided for by Article 376 of the Criminal Code of Ukraine «Interference in the activities of judicial bodies», in particular its object, objective and subjective parties, subject and victim. The author of the article believes that the current wording of this norm is incomplete and needs improvement. Special attention is paid to the concepts of «justice» and «interference», as well as the analysis of procedural guarantees, among which the key role is assigned to the High Council of Justice, the institution of recusal (self-recusal), security measures for participants in judicial proceedings and the potential for the digitalization of justice, in particular the functioning of the Unified Judicial Information and Communication System.The paper concludes that effective counteraction to pressure on the court is possible only under the condition of synergy of reliable criminal law prohibitions and effective procedural mechanisms adapted to modern challenges, in particular martial law. The feasibility of expanding the circle of victims of interference and strengthening responsibility for such acts committed by special subjects is established. The author offers his own proposals for improving criminal and procedural legislation aimed at creating a more reliable legal shield to protect the independence of the judiciary in Ukraine.