7. Attributes and grounds of criminal responsibility.

Criminal responsibility is the type of legal responsibility, which is set by the state in the criminal law, is laid on the person, who is guilty in the commission of the crime, by a court and carry for this criminal punishment.

The attributes of the criminal responsibility:

1. Criminal responsibility is the type of legal responsibility, which is used on behalf of the state.

2. Criminal responsibility is determined only by a court and only to the guilty person in the commission of the crime.

3. Criminal responsibility has the personal (for example, imprisonment for a definite period), property (for example, confiscation of property) and organizational (for example, deprivation of the right to take certain positions) character.

4. The subjects of criminal responsibility can be only natural person, who attained 16, and 14, when it is foreseen by the Criminal code of Ukraine.

5. Criminal responsibility has the personal character, it is used only to the criminal and not transferred on other persons.

6. Criminal responsibility is based on presumption of innocence. It means, that the person is unguilty to the moment, while the guilt of this person will not be proved (established) in a court and it is set by the verdict (sentence) of the court.

Grounds of criminal responsibility are conditions, at presence of which, the criminal responsibility is possible.

Ground of criminal responsibility is committing of a crime by a person. The juridical ground of criminal responsibility is a verdict of a court.

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

Punishment is the compulsion, which is used on behalf of the state on the sentence of the court to the person, who is guilty in the commission of the crime, and consists in the limitation of rights and freedoms of convict, which are foreseen by the law.

Punishment has the aim not only to punish but also correct the offender, and also prevent the commission of the new crimes by the convict and other people. Physical suffering may not be used to the people and their human dignity may not be humbled too.

All criminal punishment are divided into basic, optional and mixed.

The following types of punishment can be applied to individuals who were found guilty of committing a crime by a court:

1) penalty (fine);

2) reduction in the military or special rank, title or a qualification class;

3) depriving of the right to take certain positions or to perform certain activities;

4) public works;

5) correctional works;

6) service restriction for military personnel;

7) confiscation of property;

8) arrest;

9) personal restraint;

10) retention in a disciplinary battalion for military personnel;

11) imprisonment for a definite period;

12) life imprisonment.

There is no death penalty in Ukraine.

A person, who committed crime, except punishment has a conviction.

The person has a conviction from the day of entering into legal force the sentence of the court till the day of cancelation or abatement of this conviction. Previous conviction has a legal value in case of commission of a new crime.