The Criminal Code of Ukraine
Date of Entry into Force:
September 1, 2001
The objective of the Criminal Code of Ukraine is to provide legal support for the protection of human and civil rights and freedoms, property rights, public order and public safety, the environment, Ukraine’s constitutional order from criminal encroachments, to ensure peace and safety for the humankind, as well as to prevent crimes. To fulfill this goal, the Criminal Code of Ukraine determines what socially dangerous acts are crimes and what punishment is applies to those who committed them. The ground for criminal responsibility shall be committing a socially dangerous act that has corpus delicti envisaged by the present Code. An individual shall be deemed not guilty of a crime and cannot be subjected to criminal punishment until their guilt is proved according to the procedure envisaged by the law and established through a court conviction.
A crime is a socially dangerous culpable act (action or inaction) envisaged by the present Code (action or inaction) that was committed by a subject of crime. The subject of crime shall be a convicted natural person who committed a crime in the age which envisages criminal responsibility according to the present Code. A convicted individual is an individual who was aware of their actions (inaction) and could guide them at the time when the crime was committed. Individuals who have reached the age of sixteen before the crime was committed shall be subjected to criminal responsibility. Individuals who committed the crime when they were aged fourteen to sixteen shall be subject to criminal responsibility only under certain corpus delicti.
A law on criminal responsibility which cancels criminality of actions or extenuates criminal responsibility shall have a reverse impact in time, that is, it shall be applied to individuals who committed relevant actions before such law came into force, including to individuals who are serving their sentences or have served their sentences, but have a criminal record.
A law on criminal responsibility which establishes criminality of actions or aggravates criminal responsibility shall have no reverse impact in time.
An individual who committed a crime in the state of inebriety resulting from intake of alcohol, narcotic substances or other dope shall be subjected to criminal responsibility.
Guilt of an individual shall be its psychological attitude to committed actions or inaction and their consequences expressed in the form of intention or negligence.
Necessary defense shall be actions of an individual committed for the purpose of defending interests and rights of this individual protected by the law, public interests and interests of the state from socially dangerous infringements by way of injuring the infringer in the manner necessary and sufficient to immediately prevent or cease such infringements in the current circumstances.
It shall not be considered a crime to inflict damages to law enforcement interests on the condition of absolute necessity, that is, to eliminate danger that directly threatens this individual or human rights or rights of other people protected by the law, as well as public interests or interests of the state, if such danger could not be prevented by other means in such circumstances.
An individual who committed a crime shall be released from criminal responsibility in cases envisaged by the present Code, as well as on the basis of the Law of Ukraine “On Amnesty” or a grant of pardon.
Ukrainian citizens and stateless individuals permanently residing in Ukraine who committed crimes outside Ukraine shall be subject to criminal responsibility under the present Code, unless otherwise is envisaged by Ukraine’s international agreements that were approved as mandatory by the Verkhovna Rada of Ukraine.
The following types of punishment can be applied to individuals who were found guilty of committing a crime by a court:
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;
9) personal restraint;
10) retention in a disciplinary battalion for military personnel;
11) imprisonment for a definite period;
12) life imprisonment.
After a certain, clearly defined, period, an individual who served a criminal sentence shall be recognized as a person who did not have a criminal record. The duration of the above-mentioned period depends on corpus delicti which served as basis for bringing the individual to criminal account.
The Code indicates corpus delicti and the extent of responsibility for individuals for committing 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;
- 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;
- established order for doing a military service (military crimes);
- peace, safety of the humankind and the international legal order.
Final and transitional provisions of the Code envisage indemnifying from punishment (basic and additional) individuals who were convicted under the Criminal Code of Ukraine of 1960 for actions that do not entail responsibility according to the present Code.