Правопорушення

Two things are required for a criminal offense. First, there must be a guilty act. Second at the time of the act or conduct the actor must have a cerain guilty state of mind. The US law defines four types of guilty mind: purpose, knowledge, recklessness and negligence. At least one of these states must be present, when the person does a prohibited act. There are two major classification of crimes: felonies and misdemeanors. The most serious crimes are felonies. Felonies may be punished by imprisonment for more than one year in a state penal institution. Misdemeanors are less serious offenses for which the maximum potential penalty is imprisonment for not more than one year or a fine, or both. There are nine degrees of felony under the Criminal Code. The most serious degree is aggravated murder. The next most serious is murder. Minor misdemeanors are the least serious offences under the Criminal Code. There are different kinds of crime, such as crimes against property, for example arson and other property damage offenses, robbery, burglary, breaking and entering, safecracking, trespass, theft, bad check and credit card offences; crimes against people, for example, homicide, kidnapping, abduction, crimes against justice, for example, perjury, false alarm and others.

Законодавча і виконавча влада в Україні

The Ukrainian Parliament, the Verkhovna Rada is a unicameral representative deliberative assembly, composed of 450 elected deputies. The term of office is 5 years. The V.R. of each convocation is competent on the condition that no less than 2/3 of its constitutional composition has been elected. Decisions are taken exclusively at plenary meeting by voting in person. The V.R. formulates domestic and foreign policies, introduces amendment to the Constitution, adopt laws, the State Budget and the Activity Program of the Cabinet, impeach the President, calls elections, ratifies and denounced international treaties, declare war and peace, elects judge for a permanent term and one – third of the constitutional courts. V.R. appoints to office the Prime Minister, The Minister of Defense, the Minister of the Foreign Affairs, The Head of The security service and others. The executive branch of power in Ukraine is presented by the President and Premier and The Cabinet of Ministers of Ukraine is the highest body of the state executive power. The Cabinet is accountable to the President. The PM control the work of the Cabinet, execution of the foreign and domestic policy, financial, pricing and taxation policies, the policy in the sphere of labor, education, science and culture, environmental protection and the utilization of nature.

Судова система в Україні

Justice in Ukraine is administered exclusively by courts functioning independently of other bodies or officials. Ukraine’s judicial system is made up of courts of general jurisdiction and the Constitutional Court of Ukraine. The Constitutional Court of Ukraine is the single body of constitutional jurisdiction. It decides on the issues of conformity of laws and other legal acts with the Constitution and provides the official interpretation, of the Constitution and laws. The Constitutional Court decisions are mandatory, final and shall not be appealed. Laws and other legal acts or their separate provisions deemed to be unconstitutional lose legal force. The unified system of cours of general juisdiction is formed in accordance with the teritorial principle and the principle of specialization. The system also includes specialized courts, namely administrative and arbitration courts. The Supreme Court is the highest in the system of cours of general jurisdiction. Local courts sit as courts of first instance. Their decisions may be reviewed by regional courts of appeal. The hierarchy of administrative and arbitration courts includes respective high courts which handle cases falling within their jurisdiction as courts of cassation instance.