THE ESSENCE AND MEANINGFUL PROPERTIES OF THE CONCEPT OF «CONTEMPT OF COURT (JUDGE)»: THEORETICAL LEGAL AND PRACTICAL ASPECTS

The article explores the theoretical (legal) and practical aspects and presents proposals for determining the essence and meaningful properties of the concept (legal category) of «contempt of court (judge)», based on the optimal comparison of various (most successful) interpretations of this term, based on the study of the available Ukrainian and foreign experience on specific issues. Modern theory and legal (judicial) practice in Ukraine, taking into account expert assessments of the professional legal community, proves that the current Ukrainian procedural legislation requires certain clear legal regulation of both general legal categories and concepts, and measures of legal responsibility for contempt of court (judge), conditions of its practical application, in particular, by identifying cause-effect relationships, their comparison, generalization (with appropriate justification) and specification. According to the results of the study, it was established that contempt of court (judge) should be understood as a guilty act (in the form of action (active behavior) or inaction (passive behavior)) that was committed by any natural person (especially a participant in a trial), as when considering a specific court case (during a court session), and outside the courthouse, which: insults, intervenes or otherwise obstructs with the trial; takes actions that impede the establishment of the essence of the matter, which is considered by the court; commits any other actions which, in accordance with the law, is nothing but contempt of court (judge). The proposed definition of «contempt of court (judge)»: 1) makes it possible to clearly define the nature, essential and substantive features of this legal category; 2) aims to increase the effectiveness of legal (judicial) practice in matters of legal liability for contempt of court (judge).