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CRIMINAL CODE OF UKRAINE

of April 5, 2001 No. 2341-III

(as amended on 18-02-2021)

General part

Section I General provisions

Article 1. Tasks of the Criminal code of Ukraine

1. The criminal code of Ukraine has the task legal support of protection of rights and freedoms of man and citizen, property, public order and public safety, the environment, the constitutional system of Ukraine from criminal and illegal encroachments, providing the world and safety of mankind, and also the prevention with criminal offense.

2. For implementation of this task the Criminal code of Ukraine determines what socially dangerous acts are criminal offenses and what punishments are applied to persons who made them.

Article 2. Basis of criminal liability

1. The basis of criminal liability is committing by person of socially dangerous act containing structure of the criminal offense provided by this Code.

2. Person is considered innocent in making of criminal offense and cannot be subjected to criminal penalty until his guilt is proved legally and established by conviction of court.

3. Nobody can be brought to trial for the same criminal offense more than once.

Section II Law on criminal liability

Article 3. Legislation of Ukraine on criminal liability

1. The legislation of Ukraine on criminal liability constitutes the Criminal code of Ukraine which is based on the Constitution of Ukraine and the conventional principles and rules of international law.

2. The laws of Ukraine on criminal liability adopted after entry into force of this Code join in it since their introduction in force.

3. Criminal illegality of act, and also its punishability and other criminal consequence in law are determined only by this Code.

4. Application of the law on criminal liability by analogy is forbidden.

5. The laws of Ukraine on criminal liability shall correspond to the provisions containing in the existing international treaties which consent to be bound is this the Verkhovna Rada of Ukraine.

6. Changes can be made to the legislation of Ukraine on criminal liability only by the laws on introduction of amendments to this Code and/or the penal procedural legislation of Ukraine and/or the legislation of Ukraine on administrative offenses.

Article 4. Operation of the law on criminal liability in time

1. The law on criminal liability becomes effective in ten days from the date of its official promulgation if other is not provided by the law, but not earlier than day of its publication.

2. Criminal illegality and punishability, and also other criminal consequence in law of act are determined by the law on criminal liability existing for the period of making of this act.

3. Time of making of criminal offense time of committing by person of the action provided by the law on criminal liability or failure to act is recognized.

Article 5. Retroactive effect of the law on criminal liability in time

1. The law on criminal liability which cancels criminal illegality of act mitigates criminal liability or otherwise improves provision of person, has retroactive effect in time, i.e. extends to persons who made the corresponding acts to the introduction of such law in force including to persons who serve sentence or served sentence, but have criminal record.

2. The law on criminal liability which establishes criminal illegality of act strengthens criminal liability or otherwise worsens situation of person, has no retroactive effect in time.

3. The law on criminal liability which partially mitigates criminal liability or otherwise improves provision of person, and partially strengthens criminal liability or otherwise worsens situation of person, has retroactive effect in time only in that part which mitigates criminal liability or otherwise improves provision of person.

4. If after committing by person of the act provided by this Code, the law on criminal liability changed several times, retroactive effect in time has that law which cancels criminal illegality of act, mitigates criminal liability or otherwise improves provision of person.

Article 6. Operation of the law on criminal liability concerning the criminal offense made in the territory of Ukraine

1. Persons who made criminal offenses in the territory of Ukraine are subject to criminal liability under this Code.

2. The criminal offense is recognized made in the territory of Ukraine if it was begun, continued, finished or stopped in the territory of Ukraine.

3. The criminal offense is recognized made in the territory of Ukraine if his contractor or at least one of accomplices acted on the territory of Ukraine.

4. The question of criminal liability of diplomatic representatives of foreign states and other citizens who under the laws of Ukraine and international treaties which consent to be bound is this the Verkhovna Rada of Ukraine are not jurisdictional on criminal cases to courts of Ukraine in case of making of criminal offense by them in the territory of Ukraine is allowed in the diplomatic way.

Article 7. Operation of the law on criminal liability concerning the criminal offenses made by citizens of Ukraine and stateless persons outside Ukraine

1. The citizens of Ukraine and persons without citizenship who are constantly living in Ukraine, made criminal offenses beyond its limits are subject to criminal liability under this Code if other is not provided by international treaties of Ukraine which consent to be bound is this the Verkhovna Rada of Ukraine.

2. If persons specified in part one of this Article for committed criminal offenses were subjected to criminal penalty outside Ukraine, they cannot be brought in Ukraine to trial for these criminal offenses.

Article 8. Operation of the law on criminal liability concerning the criminal offenses made by foreigners and stateless persons outside Ukraine

1. The foreigners or persons without citizenship who are not living constantly in Ukraine, made criminal offenses out of its limits are subject in Ukraine to responsibility under this Code in the cases provided by international treaties or if they made the heavy or especially heavy criminal offenses provided by this Code against the rights and freedoms of citizens of Ukraine or interests of Ukraine.

2. The foreigners or persons without citizenship who are not living constantly in Ukraine are also subject in Ukraine to responsibility under this Code if they outside Ukraine made in partnership with officials who are citizens of Ukraine, any criminal offense provided by Articles 368, 368.3, 368.4, 369 and 369.2 of this Code or if they offered, promised, provided illegal benefit to such officials, or accepted the offer, the promise of illegal benefit or received from them such benefit.

Article 9. Consequence in law of condemnation of person outside Ukraine

1. The court verdict of foreign state can be considered if the citizen of Ukraine, the foreigner or the stateless person were condemned for the criminal offense made outside Ukraine and again made criminal offense in the territory of Ukraine.

2. According to part one of this Article the recurrence of criminal offenses, unexpired punishment or other consequence in law of the court verdict of foreign state are considered in case of qualification new criminal offenses, assignment of punishment, release from criminal liability or punishment.

Article 10. The solution of question of criminal liability of the persons which are subject to criminal liability by the legislation of foreign state and being in the territory of Ukraine and execution of the sentences pronounced by foreign vessels or the international legal agencies

1. The citizens of Ukraine who committed crimes outside Ukraine cannot be issued to foreign state for criminal prosecution and return in court.

2. The foreigners and persons without citizenship who committed crimes outside Ukraine and being in the territory of Ukraine, can be issued to foreign state for criminal prosecution and return in court.

3. Ukraine can adopt criminal proceedings in which judicial authorities of foreign state do not accept sentence, concerning citizens of Ukraine and foreigners who committed crimes outside Ukraine and are in the territory of Ukraine, but which cannot be issued to foreign state or issue of which is refused if act in connection with which request transfer of criminal proceedings according to this Code is recognized crime.

4. Execution in Ukraine of sentence of foreign court or international legal agency is possible if act as a result of which making the sentence was accepted according to this Code is recognized criminal offense or would be criminal offense in case of its making in the territory of Ukraine.

Section III Criminal offense, its types and stages

Article 11. Concept of criminal offense

1. Criminal offense is socially dangerous guilty act (action or failure to act) made by the subject of criminal offense provided by this Code.

2. Action or failure to act which though formally and contains signs of any act provided by this Code, but because of insignificance does not constitute public danger is not criminal offense, that is did not cause and could not do essential harm to physical person or legal entity, society or the state.

Article 12. Classification of criminal offenses

1. Criminal offenses are subdivided into offenses and crimes.

2. Criminal offense is the act (action or failure to act) provided by this Code for which making primary punishment in the form of penalty in the amount of no more than three thousand free minima of the income of citizens or other punishment which is not connected with imprisonment is prescribed.

3. Crimes share on not heavy, heavy and especially heavy.

4. Not serious crime is the act (action or failure to act) provided by this Code for which making primary punishment in the form of penalty in the amount of no more than ten thousand free minima of the income of citizens or imprisonment for the term of no more than five years is prescribed.

5. Serious crime is the act (action or failure to act) provided by this Code for which making primary punishment in the form of penalty in the amount of no more than twenty five thousand free minima of the income of citizens or imprisonment for the term of no more than ten years is prescribed.

6. Especially serious crime is the act (action or failure to act) provided by this Code for which making primary punishment in the form of penalty of more than twenty five thousand free minima of the income of citizens, imprisonment for the term of over ten years or lifelong imprisonment is prescribed.

7. Severity of crime for which making at the same time primary punishment in the form of penalty and imprisonment is prescribed is determined proceeding from the term of the custodial sanction prescribed for the corresponding crime.

Article 13. The finished and unfinished criminal offense

1. The ended criminal offense the act containing all signs of the structure criminal offenses provided by the relevant article of the Special part of this Code is recognized.

2. Unfinished criminal offense is preparation for criminal offense and attempt at criminal offense.

Article 14. Preparation for criminal offense

1. Preparation for criminal offense is the finding or adaptation of means or tools, finding of accomplices or collusion on making of criminal offense, removal of obstacles, and also other intentional creation of conditions for making of criminal offense.

2. Preparation for criminal offense or crimes for which Article of the Special part of this Code prescribes custodial sanction for a period of up to two years or other, milder pinishment does not attract criminal liability.

Article 15. Attempt at criminal offense

1. Attempt at criminal offense is committing by person with direct intention of act (action or failure to act) which is directly directed to making of the criminal offense provided by the relevant article of the Special part of this Code if at the same time the criminal offense was not finished for the reasons which are not depending on its will.

2. Attempt at making of criminal offense is ended if person performed all operations which considered necessary for finishing criminal offense up to the end, but the criminal offense was not ended for the reasons which are not depending on its will.

3. Attempt at making of criminal offense is unfinished if person for the reasons which are not depending on its will did not make all actions which it considered necessary for finishing criminal offense up to the end.

Article 16. Criminal liability for incomplete criminal offense

Criminal liability for preparation for criminal offense and attempt at criminal offense comes under Article 14 or 15 and under that Article of the Special part of this Code which provides responsibility for the ended criminal offense.

Article 17. Voluntary refusal in case of unfinished criminal offense

1. Voluntary refusal is the final termination-faced voluntarily preparations for criminal offense or attempt at criminal offense if at the same time it realized possibility of finishing criminal offense up to the end.

2. Person who voluntarily refused finishing criminal offense up to the end is subject to criminal liability only if the act which is actually made by it contains structure of other criminal offense.

Section IV Person, subject of criminal liability (subject of criminal offense)

Article 18. Subject of criminal offense

1. Subject of criminal offense is the physical responsible person who made criminal offense aged from whom according to this Code there can come criminal liability.

2. Special subject of criminal offense is the physical responsible person who made aged from whom there can come criminal liability, criminal offense which subject can be only certain person.

3. Officials are persons who it is permanent, temporary or on special powers perform functions of public agents or local self-government, and also constantly or temporarily borrow in public authorities, local government bodies, at the companies, in organizations or the organizations of position, connected with accomplishment of the organizational ordering or administrative functions, or perform such functions on special powers to which person is allocated with authority of the government, local government body, the central state body with the special status, authority or the authorized official of the company, organization, organization, court or the law.

4. Officials officials of foreign states are also recognized (persons who hold positions in legislative, executive or judicial authority of foreign state, including jury members, other persons who perform functions of the state for foreign state, in particular for state body or the state company), foreign arbitration judges, persons, authorized to solve civil, commercial or employment disputes in foreign states according to the procedure, alternative judicial, officials of the international organizations (the employees of the international organization or any other persons authorized by such organization to be effective from her name), and also members of the international parliamentary assemblies which participant is Ukraine, both judges and officials of international courts.

Article 19. Sanity

1. Person who during making of criminal offense could realize the actions (failure to act) is recognized responsible and direct them.

2. Person who during making of socially dangerous act provided by this Code was in diminished responsibility condition is not subject to criminal liability, that is could not realize the actions (failure to act) or direct them owing to chronic mental disease, temporary disorder of mental activities, weak-mindedness or other disease state of mentality. Enforcement powers of medical nature can be by a court decision applied to such person.

3. The person who made criminal offense in sanity condition, but to the resolution of sentence ached with the mental disease depriving of it opportunity to realize the actions (failure to act) is not subject to punishment or to direct them. Enforcement powers of medical nature by a court decision can be applied to such person, and after recovery such person can be subject to punishment.

Article 20. Limited sanity

1. Is subject to criminal liability person recognized by court is limited imputed, that is it which during making of criminal offense, owing to the mental disturbance which is available for it, was fully not capable to realize the actions (failure to act) and (or) to direct them.

2. Recognition of person is limited by responsible is considered by court in case of assignment of punishment and can be the basis for application of enforcement powers of medical nature.

Article 21. Criminal liability for the criminal offenses made in condition of alcoholic, drug or other intoxication or under the influence of the medicines reducing attention and speed of reaction

Person who made criminal offense in condition of alcoholic, drug or other intoxication or under the influence of the medicines reducing attention and speed of reaction is subject to criminal liability.

Article 22. Age from which there can come criminal liability

1. Are subject to criminal liability person who before making criminal offenses performed sixteen years.

2. Persons who made criminal offenses aged from fourteen up to sixteen years are subject to criminal liability only for premeditated murder (Article 115-117), infringement of life of the state or public figure, the employee of law enforcement agency, the member of public forming on protection of public order and frontier or the serviceman, judge, juryman or juror in connection with their activities connected with implementation of justice, the defender or representative of person in connection with the activities connected with rendering legal assistance, the representative of foreign state (Article 112, of 348, of 379, of 400, of 443), intentional heavy bodily harm (Article 121, part three of Articles 345, 346, 350, 377, 398), the bodily harm intended average weight (Article 122, part two of Articles 345, 346, 350, 377, 398), diversion (Article 113), gangsterism (Article 257), act of terrorism (Article 258), taking of hostages (Article 147 and 349), rape (Article 152), sexual violence (Article 153), theft (Article 185, part one of Articles 262, 308), robbery (Articles 186, 262, 308), robbery (Article 187, part three of Articles 262, 308), racketing (Articles 189, 262, 308), intentional destruction or damage of property (part two of Articles 194, 347, 352, 378, parts two and third Articles 399), damage of means of communication and vehicles (Article 277), stealing or capture of railway rolling stock, air, ocean or river craft (Article 278), illegal occupancy by the vehicle (parts two and third Articles 289), hooliganism (Article 296).

Section V of Win and its form

Article 23. Wine

Fault is the mental relation of person to the committed action or failure to act provided by this Code, and to its effects, expressed in the form of intention or imprudence.

Article 24. Intention and its types

1. The intention is subdivided on direct and indirect.

2. The intention is direct if person realized socially dangerous nature of the act (action or failure to act), expected its socially dangerous effects and wished their approach.

3. The intention is indirect if person realized socially dangerous nature of the act (action or failure to act), expected its socially dangerous effects and though did not wish, but consciously allowed their approach.

Article 25. Imprudence and its types

1. Imprudence is subdivided into criminal and illegal self-confidence and criminal and illegal negligence.

2. Imprudence is criminal and illegal self-confidence if person expected possibility of approach of socially dangerous effects of the act (action or failure to act), but thoughtlessly calculated their prevention.

3. Imprudence is criminal and illegal negligence if person did not expect possibility of approach of socially dangerous effects of the act (action or failure to act) though shall and could expect them.

Section VI Partnership in criminal offense

Article 26. Concept of partnership

Partnership in criminal offense is intentional joint participation of several subjects of criminal offense in making of intentional criminal offense.

Article 27. Types of accomplices

1. Accomplices of criminal offense, along with the contractor, are the organizer, the instigator and the helper.

2. Contractor (collaborator) is person who in partnership with other subjects of criminal offense is direct or by use of other persons, according to the law not of subjects of criminal liability for committed, made the criminal offense provided by this Code.

3. The organizer is person who organized making of criminal offense (criminal offenses) or directed its preparation or making. The organizer is also the person who created organized group or the criminal organization or directing it or the person providing financing or organizing concealment of criminally unlawful activity of organized group or the criminal organization.

4. Instigator is person who arrangement, bribery, threat, coercion or otherwise inclined other accomplice to making of criminal offense.

5. Helper is person who councils, instructions, provision of means or tools or removal of obstacles promoted making of criminal offense by other accomplices, and also person who promised to perepryatat person who made criminal offense, tools or means of making of criminal offense, traces of criminal offense or objects got in criminally illegal way to acquire or sell such objects in advance or to otherwise promote concealment of criminal offense.

6. The concealment of person who committed criminal offense, tools and means of making of criminal offense, traces of criminal offense or objects got in criminally illegal way, either acquisition or sale of such objects which is not promised in advance is not partnership. Persons who made such acts are subject to criminal liability only in the cases provided by Articles 198 and 396 of this Code.

7. Not message promised before the end of making of criminal offense on authentically known preparing or made criminal offense is not partnership. Such persons are subject to criminal liability only in cases when the act made by them contains signs of other criminal offense.

Article 28. Making of criminal offense the group of persons, group of persons by previous concert organized by group or the criminal organization

1. The criminal offense is recognized made by group of persons if participated several (two or more) contractors without previous concert in it among themselves.

2. The criminal offense is recognized made by previous concert by group of persons if it was made jointly by several persons (two or more) who in advance, that is prior to the beginning of criminal offense, agreed about its joint making.

3. The criminal offense is recognized made by organized group if several persons participated in its preparation or making (three and more) who became organized in steady consolidation for making of these and other (other) criminal offenses combined by unified plan with distribution of functions of the participants of group directed to achievement of this plan known to all participants of group in advance.

4. The criminal offense is recognized made by the criminal organization if it is made by steady hierarchical consolidation of several persons (five and more) which members or structural parts of which by previous concert became organized for joint activities for the purpose of direct making of heavy or especially heavy criminal offenses by members of this organization, or management either coordination of criminally unlawful activity of other persons, or ensuring functioning both the most criminal organization, and other criminal and illegal groups.

Article 29. Criminal liability of accomplices

1. The contractor (collaborator) is subject to criminal liability under Article of the Special part of this Code providing the criminal offense made by him.

2. The organizer, the instigator and the helper are subject to criminal liability by the corresponding part of Article 27 and that Article (part of Article) of the Special part of this Code which provides the criminal offense made by the contractor.

3. The signs characterizing the identity of the certain accomplice of criminal offense are blamed only of this accomplice. Other circumstances aggravating responsibility and provided in Articles of the Special part of this Code as the signs of criminal offense influencing qualification of actions of the contractor are blamed only of the accomplice realizing these circumstances.

4. In case of making by the contractor of unfinished criminal offense other accomplices are subject to criminal liability for partnership in unfinished criminal offense.

5. Accomplices are not subject to criminal liability for the act made by the contractor if it was not covered by their intention.

Article 30. Criminal liability of organizers and participants of organized group and criminal organization

1. The organizer of organized group or the criminal organization is subject to criminal liability for all criminal offenses made by organized group or the criminal organization if they were covered by its intention.

2. Other participants of organized group or the criminal organization are subject to criminal liability for criminal offenses, in preparation or making of which they participated, irrespective of that role which was carried out in criminal offense by each of them.

Article 31. Voluntary refusal of accomplices

1. In case of voluntary refusal of making of criminal offense the contractor (collaborator) is not subject to criminal liability in the presence of conditions, stipulated in Article the 17th of this Code. In this case other accomplices are subject to criminal liability for criminal offenses or attempt at criminal offense at that crime which making the contractor voluntarily refused.

2. Are not subject to criminal liability in case of voluntary refusal the organizer, the instigator or the helper if they prevented making of criminal offense or timely notified relevant organs of the government on the preparing or made criminal offense. Voluntary refusal of the helper is also failure to provide by it means or tools of making of criminal offense or not removal of obstacles to making of criminal offense.

3. In case of voluntary refusal any of accomplices the contractor is subject to criminal liability for preparation for criminal offense or for attempt at criminal offense, depending on on what of these stages its act was stopped.

Section VII Frequency, set and recurrence of criminal offenses

Article 32. Frequency of criminal offenses

1. Frequency of criminal offenses making of two or more criminal offenses provided by the same Article or part of Article of the Special part of this Code is recognized.

2. The frequency provided by part one of this Article is absent when making of the lasting criminal offense consisting of two or more identical acts combined by single criminally illegal intention.

3. Making of two or more criminal offenses provided by different Articles of this Code is recognized repeated only the cases specified in the Special part of this Code.

4. Frequency is absent if person was exempted for earlier made criminal offense from criminal liability on the bases established by the law or if the criminal record for this criminal offense was extinguished or removed, and also after departure of punishment for making of criminal offense /

Article 33. Set of criminal offenses

1. Set of criminal offenses committing by person of two or more crimes provided by different Articles or different parts of one Article of the Special part of this Code of which it was not condemned for one is recognized. At the same time criminal offenses for which person was exempted from criminal liability on the bases, the established law are not considered.

2. In case of set of criminal offenses each of them is subject to qualification under the relevant article or part of Article of the Special part of this Code.

Article 34. Recurrence of criminal offenses

Recurrence of criminal offenses making of new intentional criminal offense by person having criminal record for intentional criminal offense is recognized.

Article 35. Consequence in law of frequency, set and recurrence of criminal offenses

Frequency, set and recurrence of criminal offenses are considered in case of qualification of criminal offenses and assignment of punishment, in case of the solution of question of possibility of release from criminal liability and punishment in the cases provided by this Code.

The Section VIII of the Circumstance, the acts excluding criminal illegality

Article 36. Justifiable defense

1. Justifiable defense the actions made for the purpose of protection of the rights and interests of the defending person, or other person, and also public concerns and interests of the state protected by the law against socially dangerous encroachment by causing encroaching the harm necessary and sufficient in this situation for immediate prevention or suppression of encroachment are recognized if at the same time exceeding of limits of justifiable defense was not allowed.

2. Each person has the right to justifiable defense irrespective of opportunity to avoid socially dangerous encroachment or to ask for the help other persons or authorities.

3. Exceeding of limits of justifiable defense intentional causing encroaching the severe harm which obviously is not corresponding to danger of encroachment or situation of protection is recognized. Exceeding of limits of justifiable defense attracts criminal liability only in the cases which are specially provided in Articles 118 and 124 of this Code.

4. Person is not subject to criminal liability if owing to the heat passion caused by socially dangerous encroachment it could not estimate compliance of the harm of danger of encroachment done to them or protection situation.

5. Is not exceeding of limits of justifiable defense and use of weapons or any other means or objects for protection against attack of the armed individual or attack of group of persons, and also for prevention of illegal forcible entry to the dwelling or other room, irrespective of weight of the harm done to encroaching has effect no criminal liability.

Article 37. Imaginary defense

1. Imaginary defense the actions connected with damnification under such circumstances when real socially dangerous encroachment was not and person are recognized, incorrectly estimating actions of the victim, only mistakenly allowed availability of such encroachment.

2. Imaginary defense excludes criminal liability for damage suffered only in cases when the developed situation gave to person good causes to consider that real encroachment took place, and it did not realize and could not realize inaccuracies of the assumption.

3. If person did not realize and could not realize inaccuracies of the assumption, but at the same time exceeded protection limits which are permitted in the conditions of the corresponding real encroachment, it is subject to criminal liability as for exceeding of limits of justifiable defense.

4. If in the developed situation person did not realize, but could realize lack of real socially dangerous encroachment, it is subject to criminal liability for damnification on imprudence.

Article 38. Detention of person who made criminal offense

1. The actions of the victim and other persons directly after encroachment making directed to detention of person who made criminal offense, and delivery to its appropriate authorities are not recognized criminally illegal if at the same time exceeding of the measures necessary for detention of such person was not allowed.

2. Exceeding of the measures necessary for detention of person who made criminal offense intentional causing is recognized to person who made criminal offense, the severe harm which obviously is not corresponding to danger of encroachment or situation of detention of person who made criminal offense. Exceeding of the measures necessary for detention of person who made criminal offense has effect responsibility only in the cases which are specially provided in Articles 118 and 124 of this Code.

Article 39. Emergency

1. Damnification to the right protected interests in emergency condition, that is for elimination of the danger which is directly menacing to the personality or the rights of this person protected by the law or other persons and also to public concerns or interests of the state is not criminal offense if this danger in this situation could not be eliminated with other means and if at the same time exceeding of limits of emergency was not allowed.

2. Exceeding of limits of emergency is intentional damnification to the right protected interests if such harm is more considerable, than the prevented harm.

3. Person is not subject to criminal liability for exceeding of limits of emergency if owing to the heat passion caused by the menacing danger it could not estimate compliance of damage suffered of this danger.

Article 40. Physical or mental compulsion

1. Action or failure to act of person which did harm to the right protected interests is not criminal offense, the face made under direct impact of physical compulsion, owing to which could not direct the actions.

2. The question of criminal liability of person for damnification to the right protected interests if this person underwent to physical compulsion owing to which it kept opportunity to direct the actions, and also mental coercion, is solved according to provisions of article 39 of this Code.

Article 41. Execution of the order or order

1. Action or failure to act of person which did harm to the right protected interests is recognized lawful if it was made for the purpose of execution of the legal order or the order.

2. The order or the order are recognized legal if they are given by the corresponding person as appropriate both within its powers and on content do not contradict the current legislation and are not connected with violation of constitutional rights and freedoms of man and citizen.

3. Person who refused to execute obviously criminal and illegal order or the order is not subject to criminal liability.

4. Person who executed obviously criminal and illegal order or the order for the acts made for the purpose of execution of such order or the order is subject to criminal liability in accordance with general practice.

5. If person did not realize and could not realize criminal and illegal nature of the order or the order, then for the act made for the purpose of execution of such order or the order, only person who made the criminal and illegal order or the order is subject to responsibility.

Article 42. The act connected with risk

1. Act (action or failure to act) which did harm to the right protected interests is not criminal offense if this act was made in the conditions of justified risk for achievement of the considerable socially useful purpose.

2. The risk is recognized justified if the effective objective could not be achieved in this situation by action (failure to act) which is not connected with risk, and person which allowed risk reasonably calculated that the measures taken by it are sufficient for prevention of harm to the right protected interests.

3. The risk is not recognized justified if it obviously created threat for life of other people or threat of environmental disaster or other emergencies.

Article 43. Accomplishment of special task according to the prevention or disclosure of criminal unlawful activity of organized group or the criminal organization

1. Forced damnification to the right protected interests by person who according to the law performed special task is not criminal offense, participating in organized group or the criminal organization for the purpose of prevention or disclosure of their criminal unlawful activity.

2. Person specified in part one of this Article is subject to criminal liability only for making as a part of organized group or the criminal organization of especially serious crime committed intentionally and connected with violence over the victim, or the serious crime committed intentionally and connected with causing heavy bodily harm to the victim or approach of other heavy or especially heavy effects.

3. Person who committed the crime provided by part two of this Article cannot be condemned to lifelong imprisonment, and custodial sanction cannot be imposed to it for the term which is more than a half of the maximum term of deprivation of freedom provided by the law for this crime.

Section IX Release from criminal liability

Article 44. Legal basis and procedure for release from criminal liability

1. Person who made criminal offense is exempted from criminal liability in the cases provided by this Code.

2. Releases from criminal liability in the cases provided by this Code are performed only by court. The procedure for release from criminal liability is established by the law.

Article 45. Release from criminal liability in connection with active repentance 

Person who for the first time committed criminal offense or careless not serious crime except corruption criminal offenses of abuses of regulations of traffic safety or operation of transport by persons which managed vehicles in condition of alcoholic, drug or other intoxication or being under the influence of the medicines reducing attention and speed of reaction is exempted from criminal liability if it after making of criminal offense sincerely confessed, actively promoted disclosure of criminal offense and completely paid the damages caused to them or eliminated damage suffered.

Note. According to this Code the criminal offenses provided by Articles 191, of 262, of 308, of 312, of 313, of 320, of 357, of 410, in case of their making by abuse of official position and also the criminal offenses provided by Articles 210, of 354, of 364, 364-1, 365-2, 368 - 369-2 of this Code are considered as corruption criminal offenses.

Article 46. Release from criminal liability in connection with conciliation of the guilty person with the victim

Person who for the first time committed criminal offense or careless not serious crime except corruption criminal offenses, abuses of regulations of traffic safety or operation of transport by persons which managed vehicles in condition of alcoholic, drug or other intoxication or being under the influence of the medicines reducing attention and speed of reaction is exempted from criminal liability if it conciliated with the victim and indemnified the loss caused to them or eliminated damage suffered.

Article 47. Release from criminal liability in connection with transfer of person on bails

1. Person who for the first time committed criminal offense or not serious crime except corruption criminal offenses, abuses of regulations of traffic safety or operation of transport by persons which managed vehicles in condition of alcoholic, drug or other intoxication or being under the influence of the medicines reducing attention and speed of reaction and frankly repentant can be exempted from criminal liability with its transfer on bails to staff of the company, organization or organization for their petition provided that it within year from the date of transfer it on bails will justify trust of collective, will not evade from measures of educational nature and will not disturb the public peace.

2. In case of violation of conditions of transfer on bails person is brought to trial for the criminal offense made by it.

Article 48. Release from criminal liability in connection with change of situation

Person who for the first time committed criminal offense or not serious crime except corruption criminal offenses, abuses of regulations of traffic safety or operation of transport by persons which managed vehicles in condition of alcoholic, drug or other intoxication or being under the influence of the medicines reducing attention and speed of reaction can be exempted from criminal liability if it is acknowledged that by the time of criminal proceedings owing to change of situation the act made by it lost public danger or this person stopped being socially dangerous.

Article 49. Release from criminal liability in connection with the expiration of prescriptive limits

1. Person is exempted from criminal liability if from the date of making of criminal offense by it and about day of the introduction of sentence in legal force the following terms expired:

1) two years - when making criminal offense for which punishment less strict, than restriction of freedom is prescribed;

2) three years - in case of making of criminal offense for which punishment in the form of restriction of freedom, in case of making of not serious crimes for which custodial sanction for the term of no more than two years is prescribed is prescribed;

3) five years - in case of not serious crime making, except the case provided in Item 2 of this part;

4) ten years - when making serious crime;

5) fifteen years - when making especially serious crime.

2. The course of prescription stops if person, made criminal offense, evaded from pre-judicial investigation or court. In these cases the course of prescription renews from the date of appearance of person with guilty or his detentions, and since making of criminal offense - five years. In this case person is exempted from criminal liability if since making criminal offenses there passed fifteen years.

3. The course of prescription is interrupted if before the expiration specified in parts one and the second this Article of terms person committed new crime, except for not serious crime for which custodial sanction for the term of no more than two years is prescribed.

4. The question of use of prescription to person who committed especially serious crime for which according to the law lifelong imprisonment can be appointed is allowed by court. If the court does not find possible to apply prescription, lifelong imprisonment cannot be appointed and is replaced with imprisonment with certain term.

5. The prescription is not applied in case of making of crimes against the bases of homeland security of Ukraine provided in Articles 109-114-1, against the world and safety of mankind, provided in Articles 437-439 and part one of Article 442 of this Code.

6. In case of making of the criminal offense provided by Articles 151-1 - 156-1, 301-1 - 303 of this Code, concerning the juvenile or the minor calculation of the terms determined by parts one and the second this Article begins from the date of when such injured person reached age of majority or, in case of his death, could reach age of majority.

Section X Punishment and its types

Article 50. Concept of punishment and its purpose

1. Punishment is the enforcement measure applied on behalf of the state according to the court verdict to person found guilty of making of criminal offense and consists in the restriction of the rights and freedoms of the convict provided by the law.

2. Punishment aims not only at penalty, but also correction of convicts, and also the prevention of making of new criminal offenses as condemned, and other persons.

3. Punishment does not aim at causing physical sufferings or humiliation of human dignity.

Article 51. Types of punishments

To persons found guilty of making of criminal offense, the following types of punishments can be applied by court:

1) penalty;

2) deprivation of military, special rank, rank, rank or qualification class;

3) deprivation of the right to hold certain positions or to be engaged in certain activities;

4) social jobs;

5) corrective works;

6) office restrictions for the military personnel;

7) confiscation of property;

8) arrest;

9) restriction of freedom;

10) content in disciplinary battalion of the military personnel;

11) imprisonment for certain term;

12) lifelong imprisonment.

Article 52. Primary and additional punishments

1. Primary punishments are social jobs, corrective works, office restrictions for the military personnel, arrest, restriction of freedom, content in disciplinary battalion of the military personnel, imprisonment for certain term, lifelong imprisonment.

2. Additional punishments are deprivation of military, special rank, rank, rank or qualification class and confiscation of property.

3. The penalty and deprivation of the right to hold certain positions or to be engaged in certain activities can be applied in quality as the main, and additional punishments.

4. For one criminal offense only one primary punishment prescribed in the sanction of Article (the sanction of part of Article) of the Special part of this Code can be imposed. One or several additional punishments in the cases and procedure provided by this Code can be attached to primary punishment.

5. Evasion from the penalty imposed by the court verdict has effect the responsibility provided by Articles 389 and 390 of this Code.

Article 53. Penalty

1. The penalty is the cash collection imposed by court in the cases and the size established in the Special part of this Code taking into account provisions of part two of this Article.

2. The size of penalty is determined by court depending on weight of committed criminal offense and taking into account property status of the guilty person ranging from thirty free minima of the income of citizens to fifty thousand free minima of the income of citizens if Articles of the Special part of this Code do not provide the highest size of penalty. For making of criminal offense for which primary punishment in the form of penalty more than three thousand free minima of the income of citizens, the penalty size is prescribed it is appointed court, there cannot be less than the size of the property damage caused by criminal offense, or gained as a result making of criminal offense of income irrespective of the extreme size of the penalty provided by the sanction of Article (the sanction of part of Article) of the Special part of this Code. Court, having determined that such criminal offense is made in partnership and role of the contractor (collaborator), the instigator or the helper in its making is insignificant, can impose to such persons mulctary punishment in the amount of, provided by the sanction of Article (the sanction of part of Article) of the Special part of this Code, without the size of the property damage caused by crime, or income gained as a result of crime execution.

3. Fine as additional punishment can be ordered to pay only when it it is specially provided in the sanction of Article (the sanction of part of Article) of the Special part of this Code.

4. Taking into account property status of person the court can order to pay fine with payment payment by installments certain parts for up to one year.

5. In case of failure to pay penalty in the amount of no more than three thousand free minima of the income of citizens and lack of the bases for payment by installments of its payment the court replaces outstanding amount of penalty with punishment in the form of social jobs at the rate of one hour of social jobs for one free minimum of the income of citizens established by the legislation or corrective works at the rate of one month of corrective works for the free minima of the income established by the legislation twenty citizens, but for the term of no more than two years.

In case of failure to pay the penalty in the amount of three thousand free minima of the income of citizens intended as primary punishment and lack of the bases for payment by installments of its payment the court replaces outstanding amount of penalty with custodial sanction at the rate of one day of imprisonment for eight free minima of the income of citizens in such limits:

1) from imprisonment, one till five years, - in case of infliction of penalty for making of not serious crime;

2) from five to ten years of imprisonment - in case of infliction of penalty for making of serious crime;

3) from ten to twelve years of imprisonment - in case of infliction of penalty for making of especially serious crime.

If when calculating term of deprivation of freedom this term constitutes the borders which were more established by this part of Article, the court replaces mulctary punishment with custodial sanction with the maximum term provided for crime of the corresponding weight by this part of Article.

Article 54. Deprivation of military, special rank, rank, rank or qualification class

The person condemned for heavy or especially serious crime having military, special rank, rank, rank or qualification class can be deprived according to the court verdict of this rank, rank, rank or qualification class.

Article 55. Deprivation of the right to hold certain positions or to be engaged in certain activities

1. Deprivation of the right to hold certain positions or be engaged in certain activities can be appointed as primary punishment for a period of two up to five years or as additional punishment for a period of one up to three years.

Deprivation of the right to hold certain positions as additional punishment on the cases provided by the Law of Ukraine "About cleaning of the power" is appointed to term of five years.

Deprivation of the right to hold certain positions or to be engaged in certain activities as additional punishment for making of criminal offense against the voting rights and freedoms of the citizen provided by Articles 157 - the 160th of this Code, is appointed to term of five years.

Deprivation of the right to manage vehicles as additional punishment is appointed for a period of up to ten years.

2. Deprivation of the right to hold certain positions or be engaged in certain activities as additional punishment can be appointed also in cases when it is not provided in the sanction of Article (the sanction of part of Article) of the Special part of this Code provided that taking into account nature of the criminal offense made on position or in connection with occupation certain activities of the identity of the convict and other facts of the case the court will find impossible preserving the right behind it to hold certain positions or to be engaged in certain activities.

3. In case of purpose of deprivation of the right to hold certain positions or to be engaged in certain activities as additional punishment to arrest, restriction of freedom, to content in disciplinary battalion of the military personnel or to imprisonment on determined srokono extends to all the time of serving of primary punishment and, besides, for the term established by the court verdict which took legal effect. At the same time the term of additional punishment is estimated from the moment of departure of primary punishment, and in case of assignment of punishment in the form of deprivation of the right to hold certain positions or to be engaged in certain activities as additional to other primary punishments, and also in case of application of article 77 of this Code - from the moment of the introduction of sentence in legal force.

Article 56. Social jobs

1. Social jobs consist in accomplishment by the convict in time of free socially useful works, free from work or study, which type is determined by local government bodies.

2. Social jobs are established for a period of sixty till two hundred forty o'clock and not over four hours a day are left.

3. Social jobs are not appointed to persons recognized as persons with disability of the first or second group, to the expectant mothers, persons who reached retirement age and also the military personnel of conscription service.

Article 57. Corrective works

1. Punishment in the form of corrective works is established for a period of six months up to two years and left on place of employment of the convict. From the amount of earnings of the convict to corrective works deduction in the income of the state in the amount of, established by the court verdict, ranging from ten to twenty percent is made.

2. Corrective works are not applied to the expectant mothers and women who are on child care leave to disabled, to persons which did not reach sixteen years, and that who reached retirement age, and also to the military personnel, faces of the private and the commanding structure of Public service of special communication and information security of Ukraine, employees of law enforcement agencies, notaries, private contractors, judges, prosecutors, lawyers, government employees, officials of local government bodies.

3. To persons which became disabled after the resolution of the court verdict the court can replace corrective works with penalty at the rate of three not the taxable income of citizens of minimum established by the legislation in one month of corrective works.

Article 58. Office restrictions for the military personnel

1. Punishment in the form of office restriction is applied to the condemned military personnel, except the military personnel of conscription service, for a period of six months up to two years in the cases provided by this Code and also in cases if the court, considering the facts of the case and the identity of the convict, finds possible instead of restriction of freedom or imprisonment for the term of not over two years to appoint office restriction for the same term.

2. From the amount of monetary pay of the convict to office restriction deduction in the income of the state in the amount of, established by the court verdict, ranging from ten to twenty percent is made. During serving of this punishment the convict cannot be promoted, in military rank, and the term of punishment is not set off to it lengths of service for assignment of the next military rank in time.

Article 59. Confiscation of property

1. Punishment in the form of confiscation of property consists in forced uncompensated taking in property of the state of all or part of the property which is property of the convict. If the part of the property is seized, the court shall specify what part of the property will be seized, or to list the confiscated objects.

2. Confiscation of property is established for heavy and especially heavy crimes for profit, and also for crimes against bases of homeland security of Ukraine and public safety irrespective of degree of their weight and can be appointed only in the cases which are specially provided in the Special part of this Code.

3. The list of the property which is not subject to confiscation is determined by the law of Ukraine.

Article 60. Arrest

1. Punishment in the form of arrest consists in content of the convict in the conditions of isolation and is established for a period of one up to six months.

2. The military personnel leaves arrest on guardroom.

3. Arrest is not applied to persons aged up to sixteen years, to expectant mothers and to the women having children under seven years.

Article 61. Restriction of freedom

1. Punishment in the form of restriction of freedom consists in content of person in criminal and executive open institutions without isolation from society in the conditions of implementation of supervision of it with obligatory involvement of the convict to work.

2. Restriction of freedom is set for a period of one year up to five years.

3. Restriction of freedom is not applied to the minors, expectant mothers and women having children aged up to fourteen years to persons which reached retirement age, to the military personnel of conscription service and to persons with disability of the first and second group.

Article 62. Content in disciplinary battalion of the military personnel

1. Punishment in the form of content in disciplinary battalion is appointed to the military personnel of conscription service, the military personnel passing military service under the contract, faces of officers which pass personnel military service, to faces of officers which undergo military service, to the military personnel who is called up for military service on mobilization during the special period (except the female military personnel), for a period of six months up to two years in the cases provided by this Code and also if the court, considering the facts of the case and the identity of the convict, finds it possible to replace imprisonment for the term of not over two years with content in disciplinary battalion with the same term.

2. Content in disciplinary battalion of the military personnel instead of imprisonment cannot be applied to persons who were earlier serving custodial sanction.

Article 63. Imprisonment for certain term

1. Custodial sanction consists in isolation of the convict and its placement for certain term in criminal and executive organization of the closed type.

2. Imprisonment is established for a period of one year up to fifteen years, except as specified, provided by the General part of this Code.

Article 64. Lifelong imprisonment

1. Lifelong imprisonment is established for making of especially serious crimes and applied only in the cases which are specially provided by this Code if the court does not find it possible to apply imprisonment for certain term.

2. Lifelong imprisonment is not applied to persons who committed crimes aged up to 18 years and to persons at the age of over 65 years and also to the women who were in pregnancy condition during crime execution or at the time of the resolution of sentence and also in the case provided by part four of article 68 of this Code.

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