СОЦІАЛЬНО-ПРАВОВІ ПІДСТАВИ КРИМІНАЛІЗАЦІЇ НЕПОВАГИ ДО СУДУ ЯК ЗЛОЧИНУ ПРОТИ ПРАВОСУДДЯ В УКРАЇНІ

Annotation. The purpose of the article is to study the theoretical substantiation of the criminalization of contempt of court, as well as a comprehensive analysis of the social and legal grounds for the criminalization of contempt of court in Ukraine. It is noted that criminalization is, firstly, the process of identifying and defining a socially dangerous act as criminal, and, secondly, it is the result of activities, the result of which is the consolidation of criminal liability for the relevant act in an article of the criminal law. It has been established that the presence in the Code of Ukraine on Administrative Offenses of a norm aimed at protecting the court from disrespect for it gives grounds to assert the complexity of this legal institution, as well as the need to protect the authority of the court by all admissible legal means. It has been proved that criminalization as a process of identifying socially dangerous forms of individual behavior, recognition of the admissibility, possibility and expediency of criminal-legal counteraction to them and fixing them in the law as criminals and punishable occurs within the framework of the state's criminal-legal policy. The same policy, in turn, is formed under the influence of the corresponding doctrine, which is currently dominant in the science of criminal law, which were amed earlier. One of the main institutions of the whole theory of criminalization is the problem of the grounds for a criminal law prohibition, that is, those law-forming factors that determine the admissibility, possibility and expediency of recognizing a socially dangerous act as criminal. These legal factors are reflected in the legal consciousness of the legislator, and then are embodied in criminal law norms. Only taking into account all the factors affecting criminalization, in their totality and interrelation, as well as compliance with other conditions of criminalization, will allow the adoption of a criminal law norm, the feasibility of the publication of which will be justified, and the effectiveness of the action is sufficiently high. Keywords: judge, judge, justice, criminalization, criminal responsibility, contempt of court, social rights and grounds