MEANS OF PROCEDURAL COERCION TO PREVENT AND TERMINATE CONTEMPT OF COURT

The article discloses and classifies the means of procedural coercion provided for by the Code of Ukraine on Administrative Offenses, the Criminal Procedure Code of Ukraine, the Code of Administrative Procedure of Ukraine, the Commercial Procedural Code of Ukraine and the Civil Code of Ukraine, and are applied by the court to participants in order to prevent and terminate contempt of court. It is established that such means of procedural coercion are: warning, removal from the courtroom, drive, imposition of monetary penalties, raising the question of the responsibility of officials, who did not arrive at the summoning of the court without notice, without good reason. Under the warning, as one of the measures of procedural coercion, one should understand the explanation to the violator that his behavior clearly does not comply with the rules established in court. It turned out that all participants in the trial are granted procedural rights, indicate a number of procedural obligations, in particular, timely appearance in court, compliance with the order in court and during the trial, and the execution of judges' orders. It is determined that the application of procedural coercion measures occurs on the basis of the commission or threat of a person committing improper behavior in a court session, which, in turn, causes obstacles to legal proceedings in accordance with the requirements of the procedural law. Studies show that the European Court of Human Rights has repeatedly made a decision on the unacceptability of depriving a person of the opportunity to actually be present at the time the court decides on issues relating to his rights. It was determined that the economic and procedural liability for contempt of court has such forms as penalties, countervailing sanctions, and the use of adverse procedural consequences. It has been established that fines in administrative law and fines in criminal law do not have any definite differences.