Lecture 6. General positions of criminal law of ukraine (bases of criminal law of ukraine) plan

1. A concept of criminal law of Ukraine. The Criminal code of Ukraine.

2. A notion, types and attributes of a crime.

3. Composition of a crime.

4. The stages of commission of a crime.

5. Criminal complicity.

6. The circumstances, which exlude criminality of an act and criminal responsibility.

7. Attributes and grounds of criminal responsibility.

8. A notion, aims and types of the criminal penalties.

9. The circumstances, which mitigate criminal punishment.

10. The circumstances, which aggravate criminal punishment.

11. The special features of criminal responsibility for minors.

12. Amnesty and legislative pardon (legislative clemency).

1. A concept of criminal law of Ukraine. The Criminal code of Ukraine.

Criminal law is the field of law, the system of legal rules, which determine the notion of the crime, the types of crimes and the types of penalties for offenders.

The subject of criminal law is criminal legal relations, which arise up between the state in the person, who committed crime.

The main source of criminal law of Ukraine is the Criminal code of Ukraine, which was accepted on the 5^th of April in 2001.

The code consists of General and Special part. General part, which consists of 16 chapters, contains the norms, that determine the principles of the criminal law, its task, the notion of the crime, the concept and the grounds of criminal responsibility.

The Special part of the Criminal code of Ukraine consists of 20 chapters. There are crimes against:

- the fundamentals of the national security of Ukraine;

- life and health of an individual;

- freedom, honor and dignity of an individual;

- sex freedom and sex immunity of an individual;

- voter, labor and other personal human and civil rights and freedoms;

- property rights;

- in the field of business activity;

- environment;

- public safety;

- production safety;

- traffic safety and safe transport operation;

- public order and morals;

- in the field of circulation of narcotic substances, psychotropic agents, their analogs or precursors and other crimes against public health;

- in the field of protection of state secret, immunity of state borders, draft and mobilization to the army;

- authority of government bodies, local self-government bodies and associations of citizens;

- in the field of using computers, computer systems and networks, and telecommunications networks;

- in the field of service duties;

- justice;

- established order for doing a military service (military crimes);

- peace, safety of the humankind and the international legal order.

Citizens of Ukraine and foreigners and people without citizenship are subjects of criminal responsibility for the crimes on the territory of Ukraine, except people, who use diplomatic immunity. Citizens of Ukraine, and also people without citizenship, that constantly live on the territory of Ukraine, who committed the crime out of the territory of Ukraine are subjects of criminal responsibility in accordance with the Criminal code of Ukraine, if other is not foreseen by the international agreements.