Criminal Liability for Misleading a Court in Civil Proceedings: the Issue of Prosecution of Foreigners

Abstract

Ukraine is in the process of reforming its legislation to build an effective justice system. Only one activity of the court is not able to ensure the high quality of justice in the conditions of the dishonesty of other participants in the trial. Besides, at the present stage, in terms of simplified conditions for the movement of persons between states are growing, the number of cases that are considered with the participation of a foreign element, the prosecution of which has its own characteristics. Consequently, the reforms of the legislative level have to take into account such features. At the same time, the improvement of legislation requires the creation of effective mechanisms for its implementation. An important guarantee of ensuring the quality of judicial proceedings is the reliability of the information provided by participants in civil proceedings during the consideration of a civil case. The guarantee of which is the possibility of applying criminal liability under Article 384 of the Criminal Code of Ukraine, for misleading into the court, including to a foreigner or a stateless person. In the implementation of this type of liability provisions, several objectively determined general problems need to be solved in practice