Lipinsky D.A., Popov I.E. —
On the concept and signs of procedural misconduct
// Legal Studies. – 2021. – ¹ 3.
– P. 40 - 48.
DOI: 10.25136/2409-7136.2021.3.35312
URL: https://en.e-notabene.ru/lr/article_35312.html
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Abstract: The subject of this research is the conflictual social relations in the area of administration of justice, as well as the concept and signs of procedural misconduct. Analysis is conducted on the general signs of offense applicable to procedural misconduct. The author reveals the peculiarities of manifestation of signs of offense: wrongdoing, unlawfulness, fault, penalty. It is noted that public danger is characteristic to any offense, thus is attributed as a sign of procedural misconduct. The author underlines that there are no precise wording in the legislation, which does not allow carrying out accurate qualification of procedural offenses (for example, the term “contempt of court”). The conclusion is formulated that the procedural offense is a socially dangerous, faulty, and unlawful act, the commission of which implies procedural liability. It is substantiated that procedural misconduct has most universal (common to all types of offenses) signs. At the same time, the aforementioned signs are often difficult to determine, since the wording of the legislator is quite vague. The author recommends to include into the legislation the definition of procedural misconduct and its varieties, which would allow clearly differentiating the procedural misconduct from all other types of offences.