For example, without reference to the signs of the act, the disposition is formulated in Art.
For example, without reference to the signs of the act, the disposition is formulated in Art.
Disposition is a part of the norm of the Special Part, which defines a criminal act. According to the technique of construction and the method of describing the features of a particular type of crime in the current criminal legislation of Ukraine there are dispositions of four types: simple, descriptive, blanket, reference. There are also mixed dispositions.
A simple disposition calls a criminal act without disclosing its signs. For example, without reference to the signs of the act, the disposition is formulated in Art. 369 “Bribery”. A simple disposition is used by the legislator in cases where the content of a socially dangerous act in general is quite clear and without describing its features in law. Signs of a crime, which are given in a simple disposition, are revealed in the investigative and judicial practice and theoretical literature.
Descriptive is a disposition, which describes the most significant features of the act. Yes, in Art. 185 “Theft” defines theft as a secret theft of another’s property. Accurately defining the signs of a crime, the descriptive disposition in this regard has an advantage over a simple disposition.
Blanket is a disposition which, without naming specific signs of a crime or naming only a part of them, refers to other normative acts that are not laws on criminal liability (other laws, instructions, statutes, regulations, standards, rules, instructions, etc .). For example, the dispositions in Art. 271 “Violation of labor protection legislation”, Art. 286 “Violation of traffic safety rules or operation of transport by persons driving vehicles”. Thus, a blanket disposition is used when it is necessary to establish criminal liability for violation of rules that contain various requirements or prohibitions, described or disclosed in detail in other regulations. These acts may be issued before the entry into force of the law on criminal liability, which contains a blanket disposition, simultaneously with it and after its issuance; they may change, but the criminal law norm, which has a blanket disposition, remains unchanged. Institutions and organizations that adopt and approve such regulations are quite diverse. They have differences in their scope. These regulations, as already noted, are not sources of criminal law. According to the law on criminal liability (its social purpose), they play a subordinate role. The requirements and prohibitions formulated in them contribute to the establishment of signs of a crime, first of all a socially dangerous and illegal act (action or omission). It should be noted that in the Criminal Code of 2001, the number of criminal law provisions that have a blanket disposition has increased significantly. This is especially true of the rules of Section VII “Crimes in the sphere of economic activity”.
A disposition is a reference that refers to a criminal law norm or its separate provision contained in another article or another part of the same article of the Criminal Code, where the relevant crime is named or its features are described. For example, Art. 122 “Intentional moderate bodily injury” refers to Art. 121 “Intentional grievous bodily harm”, stating that the infliction of moderate bodily harm may take place in the absence of signs of grievous bodily harm. Most often, reference dispositions are used in the description of the second and subsequent parts of the relevant article, to avoid re-description of the act, which is given in part one. To do this, the relevant part uses the words: “the same act”, “the act provided for in parts one or two of this article”, etc. Quite often references to another or to other articles are used in the description of qualifying features. Thus, in Part 2 of Art. 309 “Illegal production, manufacture, acquisition, storage, transportation or shipment of narcotic drugs, psychotropic substances or their analogues without the purpose of sale” indicates the commission of the same acts by a person who previously committed one of the crimes under Articles 307, 308, 310 and 317 Criminal Code and related to the criminal circulation of these drugs or substances.
In the Criminal Code there are rules, the dispositions of which are mixed (combined). In one part it is simple or descriptive dispositions, in another – blanket or reference. For example, such is the disposition in Art. 231, which provides for liability for intentional actions aimed at obtaining information constituting a trade secret, for the purpose of disclosure or other use of this information (commercial espionage), as well as illegal use of such information if it caused significant harm to the business entity.
Z. Depending on its public danger, a sanction is established by law for a committed crime.
A sanction is a part of an article that determines the type and amount of punishment for a crime specified in the disposition. According to the type and amount of punishment contained in the sanction, it is possible to determine whether the crime is, for example, serious or moderate or even minor.
The Criminal Code applies relatively specific and alternative sanctions.
Relatively defined is a sanction, which has one type of punishment and indicates its lower and higher limits.
There are two types of relatively specific sanctions:
with lower (minimum) and higher (maximum) limits of punishment (for the period “from” and “to”). In this case, the law provides for lower and higher limits of a certain punishment. For example, hooliganism under Part 4 of Art. 296, shall be punishable by imprisonment for a term of three to seven years;
with a maximum penalty (for a period of “up to”). In this case, only the upper limit of punishment is determined, above which the court cannot impose a penalty. Such sanctions are provided, for example, in Part 1 of Art. 153, part 1 and part 2 of Art. 266, part 2 of Art. 323, art. 355, art. 395. The lower limit of the sanction here is the lower limit established in the norm of the General Part of the Criminal Code for this type of punishment. For example, in Art. 57 set a lower limit for corrective work – six months, in Art. 60 for arrest – one month, in Articles 61 and 63 for restriction and imprisonment – one year. Therefore for the crime provided, for example, in h. 1 Art. 153, the court may impose a measure of imprisonment for a term of one to five years;
for st. 355 – restriction of liberty for a period of one to three years;
for st. 395 – arrest for a term of one to six months.
In addition to the main punishment, a relatively certain sanction may contain an indication of one or more additional punishments of a certain type, which may be imposed by the court in addition to the main one. The additional punishment can be absolutely-defined (for example, deprivation of military, special rank, rank, rank or qualification class) or relatively-defined (for example, deprivation of the right to hold certain positions or engage in certain activities for a period of one to three years).
An alternative is a sanction, which indicates two or more types of basic punishment, of which the court chooses only one. In the Criminal Code of 2001, a significant part of the sanctions are alternative. An example is the sanction given in Art. 145. It allows the court to impose one of the following types of punishment: a fine of up to fifty non-taxable minimum incomes or community service for up to two hundred hours, or deprivation of the right to hold certain positions or engage in certain activities for up to three years, or correctional labor for up to two years.
Alternative sanctions are:
the sanctions specify relatively-defined and absolutely-defined types of punishment (for example, the sanction in Article 112 – “is punishable by imprisonment for a term of ten to fifteen years or life imprisonment”); the sanction specifies two or more relatively specific types of punishment (for example, the sanction in Part 1 of Article 129 – “punishable by arrest for up to six months or restriction of liberty for up to two years”, the sanction in Part 1 of Article 130 – “Shall be punishable by arrest for up to three months or restriction of liberty for up to five years, or imprisonment for up to three years”).
As well as relatively defined, alternative sanctions may contain an indication of the possibility of applying to one of the main punishments additional punishment (for example, the sanction in Part 1 of Article 131 – “is punishable by up to three years in prison or imprisonment for the same term with deprivation of the right to hold certain positions or engage in certain activities for up to three years “).
Characteristics and system of transport crimes
The main feature by which traffic crimes are combined into one narrative paper topics corpse is the generic object. Such an object is the relationship that ensures traffic safety and operation of transport
The immediate objects of individual traffic crimes lie in the plane of the generic object, although they have their own characteristics. They depend, first of all, on the modes of transport by which these crimes can be committed, as well as on the nature of the objective side and the qualifying circumstances. Yes, some crimes can be committed with the use of violence or threats, which raises the question of an additional direct object – the life and health of a person.
The subject of these crimes are vehicles, roads, buildings on them, transport communications, railway stations, means of communication, signaling, automation, ensuring the safety of vehicles.
From an objective point of view, crimes are constructed differently. Most of these encroachments are described in the law as crimes with a material component, a smaller part – with a formal one.
In crimes with a material component, the objective side includes actions, consequences and the causal link between them.
The act in these crimes is expressed in or inaction of the person. Some crimes (such as damage to roads and vehicles) can be committed.
In many crimes, the act is expressed in violation of certain rules. This meant that the disposition of such articles was blanket, so to establish the fact of violation of these rules, it is necessary to refer to departmental regulations governing the behavior of a transport worker or other road user. It is important to determine exactly which articles, paragraphs, paragraphs of regulations are violated and in what this violation was expressed.