Article 97. Discharge from criminal liability
with imposition of compulsory reformation
measures
1. A minor who committed a minor offense for
the first time, may be discharged from criminal
liability, provided that his reformation is
possible without punishment. In such cases,
a court shall impose compulsory reformation
measures provided for by paragraph 2 of Article
105 of this Code upon the minor.
2. A court shall also apply compulsory reformation
measures provided for by paragraph 2 of Article
105 of this Code to a person, who committed
a socially dangerous act that classifies as
an act provided for by the Special Part of
this Code, before he/she attained the age
of criminal liability.
3. Where a minor, who committed a criminal
offense, evades compulsory reformation measures,
such measures shall be canceled and he/she
shall be criminally prosecuted.
Article 98. Types of punishment
1. The following types of punishment may be
imposed on minors, who committed any criminal
offense:
(1) fine;
(2) community service
(3) correctional labor;
(4) arrest;
(5) imprisonment for a determinate term;
2. Minors may be subject to such additional
punishments as a fine and deprivation of the
right to occupy certain positions or engage
in certain activities.
Article 99. Fine
1. A fine may be imposed only on minors who
have independent income, personal finances
or property, on which the execution of penalty
may be levied.
2. A court shall determine the amount of a
fine, which is conditioned by the gravity
of the criminal offense and the property status
of a minor but may not exceed 500 tax-free
minimum incomes established by the legislation
of Ukraine.
Article 100. Community service and correctional
labor
1. Community service may be imposed on a minor
of 16 to 18 years of age for a term of 30
to 120 hours and shall consist of services
provided by a minor in time free from studies
or main employment. The duration of this punishment
may not exceed two hours per day.
2. Correctional labor may be imposed on a
minor of 16 to 18 years of age to be performed
at the place of his/her employment for a term
of two months to 1 year.
3. A court shall establish an amount ranging
from five to ten percent of the salary of
a minor sentenced to correctional labor, which
shall be deducted in favor of the State.
Article 101. Arrest
Arrest shall imply detention of a minor, who
attained the age of 16 by the time of sentencing,
in isolation in special institutions for a
term of fifteen to forty-five days.
Article 102. Imprisonment for a determinate
term
1. The punishment of imprisonment imposed
on a persons who were under 18 years of age
at the time of commission of an offense, may
not exceed 10 years or, in cases provided
for by subparagraph (5) of paragraph 3 of
this Article, may not exceed 15 years. Minors
sentenced to imprisonment shall serve it in
special reformatory institutions.
2. Imprisonment may not be imposed on a minor
who committed a minor offense for the first
time.
3. Imprisonment shall be imposed on a minor
who committed:
(1) a repeated minor offense - for a term
up to two years;
(2) a medium grave offense - for a term up
to four years;
(3) a grave offense - for a term up to seven
years;
(4) a special grave offense - for a term up
to ten years.
(5) a special grave offense involving a murder
- for a term up to fifteen years.
Article 103. Imposition of punishment
1. When imposing a punishment on a minor,
a court shall consider, in addition to the
circumstances provided for by Articles 65
to 67 of this Code, the conditions of the
person's living and upbringing, the influence
of adults, level of his/her development and
other specific features of his personality.
2. The final punishment of imprisonment imposed
on a minor by cumulation of offenses or punishments
may not exceed fifteen years.
Article 104. Discharge from punishment on
probation
1. Discharge from punishment on probation
shall be applied to minors pursuant to Articles
75 to 78 of this Code and subject to the provisions
of this Article.
2. Discharge on probation may only be applied
to minors sentenced to imprisonment.
3. Probation shall be fixed for a period of
one to two years.
4. When discharging a minor on probation,
a court may place this minor under care and
supervision of another person, upon consent
of the latter to undertake such obligation.
Article 105. Discharge from punishment subject
to compulsory correctional measures
1. A minor, who has committed a minor or medium
grave offense, may be discharged from punishment
by a court, if it is found that the punishment
may be discontinued due to the minor's genuine
repentance and further irreproachable conduct.
2. In this case, the court shall impose the
following correctional measures on a minor:
(1) warning;
(2) restriction of leisure time and special
requirements to a minor's conduct;
(3) placing a minor under supervision of his/her
parents or foster parents, or school teachers
or colleagues upon their consent, or other
individuals at their request;
(4) obliging a minor, who has attained 15
years of age and possesses any property, money
or has any earnings, to compensate any pecuniary
damages;
(5) placing a minor in a special educational
and correctional institution for children
and teenagers until the minor's complete correction
but for a term not exceeding three years.
Conditions of stay in and procedure of discharge
from these institutions shall be provided
for by law.
3. A minor may be subjected to several compulsory
correctional measures provided for by paragraph
2 of this Article. The duration of compulsory
correctional measures provided for by subparagraphs
(2) and (3) of paragraph 2 of this Article
shall be determined by a sentencing court.
4. A court may also find it necessary to appoint
a tutor for a minor pursuant to the procedures
provided for by the law.
Article 106. Discharge from criminal liability
and punishment due to the expiration of limitation
periods
1. Discharge from criminal liability and punishment
due to the expiration of limitation periods
shall be applied to persons, who committed
criminal offenses under 18 years of age, pursuant
to Articles 49 and 80 of this Code and subject
to the provisions of this Article.
2. The following limitation periods shall
be established in respect of persons described
in paragraph 1 of this Article:
(1) two years - for a minor offense;
(2) five years - for a medium grave offense;
(3) seven years - for a grave offense;
(4) ten years - for a special grave offense.
3. The following periods of sentence enforcement
shall be established in respect of persons
described in paragraph 1 of this Article:
(1) two years - where a person was sentenced
to any punishment other than imprisonment,
or to imprisonment for a minor offense;
(2) five years - where a person was sentenced
to imprisonment for a medium grave offense,
or imprisonment for a term up to five years
for a grave offense;
(3) seven years - where a person was sentenced
to imprisonment for a term exceeding five
years for a grave offense;
(4) ten years - where a person was sentenced
to imprisonment for a special grave offense.
Article 107. Parole
1. Parole may be applied to persons who serve
their sentence of imprisonment imposed for
an offense crime committed at the age under
18, regardless of the gravity of the offense.
2. Parole may be applied, if a person displays
decent behavior and diligence in work and
studies as a proof of his/her reformation.
3. Parole may be applied to persons, who committed
an offense at the age under 18, after they
have actually served:
(1) not less than one-third of the term of
imprisonment imposed by a court for a minor
or medium grave offense, and also for a reckless
grave offense;
(2) not less than one-half of the term of
imprisonment imposed by a court for an intended
grave offense or reckless special grave offense,
and also where that person had previously
served a sentence of imprisonment imposed
for an intended offense but committed another
intended offense at the age under 18 before
the conviction was canceled or revoked and
had been sentenced for that offense to imprisonment;
(3) not less than two-thirds of the term of
imprisonment imposed by a court for an intended
special grave offense, and also where that
person had previously served a sentence of
imprisonment and had been paroled but committed
another intended offense at the age under
18 before the end of sentence and had been
sentenced for that offense to imprisonment;
4. Commutation of the unserved part of the
sentence shall not be applied in respect of
minors.
5. Where a paroled person commits another
offense during the remaining part of the sentence,
a court shall impose a punishment under the
rules provided for by Articles 71 and 72 of
this Code.
Article 108. Cancellation and revocation
of conviction
1. Conviction of persons who committed any
criminal offense at the age under 18 shall
be cancelled and revoked pursuant to Articles
88 to 91 of this Code and subject to the provisions
of this Article.
2. The following minors shall be held to have
no conviction:
(1) minors sentenced to any punishment other
than imprisonment, who have fully served their
sentence;
(2) minors sentenced to imprisonment for a
minor or medium grave offense, if they commit
no further offense within one year from the
date on which they completed to serve their
sentence;
(3) minors sentenced to imprisonment for a
grave offense, if they commit no further offense
within three years from the date on which
they completed to serve their sentence;
(4) minors sentenced to imprisonment for a
special grave offense, if they commit no further
offense within five years from the date on
which they completed to serve their sentence;
3. Preterm revocation of conviction shall
be permissible only in respect of a person
who has served a sentence of imprisonment
imposed for a grave or a special grave offense
committed at the age under 18, on such grounds
as provided for by paragraph 1 of Article
91 of this Code, after completion of at least
one-half of the cancellation period as provided
for by paragraph 2 of this Article.
