Practical Questions of Implementation of Art. 185-3 of the Code of Ukraine on Administrative Offenses (Disrespect of the Court) in Judicial Proceedings

1. One of the mechanisms for ensuring the independence of court (judge) is a proper response to the disrespect of the court (judges). Respect of the court and judges (both as a social and a legal value) is a factor of the proper functioning of a legal state.

2. The Constitution of Ukraine (Article 129) directly states that a person is considered guilty and is held liable for disrespect or evident contempt of the court (judges). This constitutional provision corresponds in full with other normative legal acts of Ukraine, in particular, with the requirements of Art. 50 of the current Law of Ukraine “On Judicial System and the Status of Judges”, according to which any expression of disrespect of the court (judge) by the individuals who are parties to the trial (case) or are present in the courtroom, presupposes the responsibility, established by the law. Today in Ukraine, disrespect of the court (judges) is not considered a crime against justice. Administrative liability is provided for committing this offense in accordance with Art. 185-3 of the Code of Ukraine on Administrative Offenses.

3. Taking into account the fact that the terms “court” and “judge” are not identical, and also considering the normative peculiarities of the elements of administrative offense, provided for in Art. 185-3 of the current Code of Administrative Offenses, the title of this article needs some clarification, namely: “Manifestation of disrespect of the court (judges) in the course of judicial proceedings”. Here the word “manifestation” should be used in the plural, not the singular.

4. Part 1 of Art. 185-3 of the Code of Administrative Offenses shall be amended and specified as follows: “1. Contempt of the court (judges), expressed in malicious evasion of attending the court by a witness, a victim, a plaintiff, a defendant or in disobedience of the specified people and other citizens to the order of the presiding judge or in violation of the order during the court session, as well as committing any actions which indicate a clear contempt of the court (judges) or rules established in court ... ”.

5. The recommendations of theoretical and practical nature, in particular, regarding the introduction of appropriate changes (clarifications) and additions to part 1 of Art. 185-3 of the Code of Administrative Offenses, as well as practical issues of development and implementation of the uniform “Rules of Conduct for Citizens in Court”, which should be adopted as a separate supplement to the current Law of Ukraine “On Judicial System and the Status of Judges”, and relevant developments (in this area) aim to increase the effectiveness of legal liability for disrespect of the court (judges) and to promote more effective protection of the rights and freedoms of citizens participating in the judicial process in Ukraine.