Author(s): Vladyslav Teremetskyi, Oleksandr Korovaiko, Maryna Vasylenko, Yaroslav Zhuravel, Oleksii Khovpun, Viktor Kravchenko, Halyna Muliar
The article deals with contempt of court in context finding the balance between the protection of the administration of justice and the right to freedom of expression. The function of the law of contempt is to preserve this right while ensuring that the courts retain the power to deal with conduct that undermines the proper administration of justice. Prosecution for contempt of court in the world is used as a way in which the justice system protects the smooth running of the trial and the administration of justice, non-interference in the trial by illegally disclosing information about the process. The balance between the protection of the administration of justice and the right to freedom of expression during the prosecution for contempt of court lies in the fact that in each case it is necessary to investigate in detail the content of the expression or statement to establish its nature, which is crucial in deciding whether to prosecute a person for contempt of court. Restrictions on freedom of expression must be subject to real analysis and must have a convincing justification. No restriction of freedom the expression and contempt of court will be established unless it can be demonstrated that the risk of prejudice to the administration of justice is not outweighed by the public interest in freedom of discussion on matters of public concern.