FOREIGN EXPERIENCE OF CRIMINAL RESPONSIBILITY FOR OBSTACLING THE APPEARANCE OF A WITNESS, VICTIM, EXPERT, SPECIALIST, FORCING

Abstract

Research of criminal codes of foreign states and comparison, comparison of their separate norms with Art. 386 of the Criminal Code of Ukraine will provide an opportunity to improve domestic criminal legislation that would meet modern requirements in the fight against crime. Ukraine has chosen the direction of participation in international governmental and non-governmental organizations and the main area of operation of which is the formation of policy in the field of developing international standards of fair trial and ensuring the protection of its implementation by all member states. Therefore, the need to update the legislative regulation of public relations, bringing national legislation to European standards is indisputable solid evidence of the need to intensify work in the field of comparative law. Comparative legal research is relevant in the process of conducting any scientific analysis, including the criminal law protection of the procedure for obtaining evidence in criminal proceedings, in particular on criminal liability for such an act as preventing the appearance of participants in criminal proceedings, forcing them to refuse to testify or conclude. The value of comparative jurisprudence is precisely to identify various nuances in the legislative regulation of criminal relations, the specifics of certain legal categories, the originality of legal definitions, to compare the content of the legislators of different countries, namely, for example, the Criminal Code of Azerbaijan , Criminal Code of Belarus, Criminal Code of Georgia, Criminal Code of Kazakhstan, Criminal Code of Lithuania, Criminal Code of Moldova, Criminal Code of the Russian Federation, Criminal Code of Tajikistan, Criminal Code of Uzbekistan. The main factor is the need to update the legislative regulation of public relations, bring national legislation to European standards, find ways to avoid the mistakes of those countries that have successfully passed the relevant period of development, European integration.