FOREIGN EXPERIENCE IN THE LEGISLATIVE SETTLEMENT OF LEGAL LIABILITY FOR CONTEMPT OF COURT (JUDGE)

The article explores some aspects of the foreign experience of legislative regulation of legal liability for contempt of court (judge) in order to identify and determine the directions of its borrowing (practical use) for Ukraine. Modern theory and legal (judicial) practice in Ukraine proves that respect for the court and the judge is a legal and social value, which together with public trust are guarantees of the effectiveness of the justice system. According to the results of the study, it was found that: 1) most approaches to resolving issues of legal liability for contempt of court (judge) in the most developed foreign countries in the world, in particular in the Member States of the European Union and the USA, are primarily, determined by social regulators (national traditions, customs and, to a certain extent, religion), which were formed in the course of a long civilization development; 2) ensuring respect for the court and the judge is considered in these countries as legal and social value and is a national priority in legal proceedings aimed at establishing a fair court; 3) criteria for attributing specific actions to manifestations of contempt of court (judge) depend to a large extent on judge discretion, based on the limited norms and particularities of positive law in this area; 4) judicial practice is an important source of law in resolving these issues, which are the subject of lively discussions among legal scholars. It has been established that certain existing ones approaches used in the practice of European countries can also be used in Ukraine. At the same time, it is imperative to apply the principles, which are enshrined in the current legislation of Ukraine, which relate to status of judges, the judiciary and legal proceedings, and also take into account other topical issues related to the functioning of the judicial system of Ukraine.