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

A crime is the publicly dangerous guilty act (action or inactivity), which is foreseen by the Criminal code of Ukraine, which was committed by a subject of a crime.

According to the Criminal code of Ukrain the crimes are divided into׃ not grave crimes, middle grave crimes, grave crimes and very grave crimes (especially grave crimes).

Not grave crime is a crime, for which the Criminal code of Ukraine foresees imprisonment for a term not more than 2 years or other milder punishment (lenient penalty).

Middle grave crime is a crime, for which the Criminal code of Ukraine foresees imprisonment for a term not more than 5 years.

Grave crime is a crime, for which the Criminal code of Ukraine foresees imprisonment for a term not more than 10 years.

Very grave crime (especially grave crime) is a crime, for which the Criminal code of Ukraine foresees imprisonment for a term more than 10 years or life imprisonment.

Attributes of crime are:

• public dangerous;

• guilty;

• ilegitimate;

• punishability.

3. Composition of a crime.

Composition of a crime is a system of objective and subjective attributes, which are foreseen by the Criminal code of Ukraine and characterize the publicly dangerous act as concrete crime. There are such elements of the composition of the crime:

• an object;

• an objective side;

• a subject;

• a subjective side.

Objects of a crime are public relations, social values, which are guarded by the criminal law.

An objective side of a crime is exteriority of an offence. It consists of illegitimate acts

(action or inactivity), dangerous effects for society and causal connection between actions and

consequences. A place, time, method, instruments, circumstances of an offence are the elements of objective side of offence.

An action is an active publicly dangerous conduct of a person, which is foreseen by the Criminal code of Ukraine.

An inactivity is a passive conduct of a person, when a person doesn’t execute actions, which she or he had to execute.

The ideas and persuasions are not crimes, because they are not acts.

A subject of a crime is a sane natural person, who committed a crime in age of criminal responsibility (16, 14 for very grave crimes).

A subjective side of a crime is internal psychical attitude of a subject to the illegitimate act and consequences. The subjective side of an offence is characterized by guilt (misdemeanour), aim and reasons of crime.

Guilt (misdemeanour) is psychical attitude of a person to the publicly dangerous action, which she or he committed, and publicly dangerous consequences in form of intention or carelessness.

Guilt can be in two forms: intention (direct, indirect) or carelessness (criminal self-confidence, criminal negligence).

Aim is the idea of a person about a desirable result.

Motive is a reason of an offence.

4. Stages of commission of a crime.

The stages of commission of a crime are the stages of preparation and realization of crime. There are 3:

1. preparation to a crime;

2. attempt on a crime;

3. complete crime.

Complete crime is the act, which contains all attributes of the composition of the crime, which is foreseen by the Special part of the Criminal code of Ukraine.

Unfinished crime is only the preparation to the crime and attempt on the crime.

Preparation to the crime is seeking or adaptation of instruments, seeking of other offenders or plot to commit the crime, removal of obstacles, and also other intentional creation of conditions for the commission of crime.

Attempt on the crime is when a person conducts the act (action or inactivity) with direct intention, which is the crime in accordance with Special part of the Criminal code of Ukraine, but the crime was not completed because of the reasons, which did not depend of the person’s will.

Voluntary abandonment is stopping of the preparation to the crime or attempt on the crime by the person’s will, if in this case the person was aware of possibility to see the crime through.