Article 3. Ukrainian legislation on criminal
liability
1. The Criminal Code of Ukraine, based on
the Constitution of Ukraine and generally
recognized principles and rules of international
law, shall be the Ukrainian legislation on
criminal liability.
2. The Ukrainian laws on criminal liability,
adopted after the entry of this Code into
force, shall be incorporated in this Code
following its entry into force.
3. The criminality of any act and also its
punishability and other criminal consequences
shall be determined exclusively by this Code.
4. Application of the law on criminal liability
by analogy shall be prohibited.
5. The laws of Ukraine on criminal liability
must be consistent with provisions of existing
international treaties, consent for the binding
effect of which has been granted by the Verkhovna
Rada of Ukraine.
Article 4. Operation of the law on criminal
liability in time
1. The law on criminal liability shall enter
into force ten days after its official promulgation,
unless otherwise is provided in the law itself,
but not prior to the day of its publication.
2. The criminality and punishability of an
act shall be determined by such law on criminal
liability as was in effect at the time of
commission of the act.
3. The time of commission of a criminal offense
shall be the time in which a person committed
an act or omission provided for by the law
on criminal liability.
Article 5. Retroactive effect of the law
on criminal liability in time
1. The law on criminal liability, which repeals
the criminality of an act or lenifies criminal
liability, shall be retroactive in time, that
is it shall apply to persons who had committed
relevant acts before that law entered into
force, including the persons serving their
sentence or those who have completed their
sentence but have a conviction.
2. The law on criminal liability that criminalizes
an act or increases criminal liability shall
not be retroactive in time.
3. The law on criminal liability, which partially
lenifies and partially increases criminal
liability, shall be retroactive in time only
in the part which lenifies the liability.
Article 6. The operation of the law on criminal
liability in regard to offences committed
on the territory of Ukraine
1. Any person who has committed an offense
on the territory of Ukraine shall be criminally
liable under this Code.
2. An offense shall be deemed to have been
committed on the territory of Ukraine if it
has been initiated, continued, completed or
discontinued on the territory of Ukraine.
3. An offense shall be deemed to have been
committed on the territory of Ukraine if the
principal to such offense, or at least one
of the accomplices, has acted on the territory
of Ukraine.
4. Where a diplomatic agent of a foreign state
or another citizen who, under the laws of
Ukraine or international treaties the consent
to the binding effect of which has been granted
by the Verkhovna Rada of Ukraine, is not criminally
cognizable by a Ukrainian court commits an
offense on the territory of Ukraine, the issue
of his criminal liability shall be settled
diplomatically.
Article 7. The operation of the law on criminal
liability in regard to offenses committed
by citizens of Ukraine or stateless persons
outside Ukraine
1. Citizens of Ukraine and stateless persons
permanently residing in Ukraine, who have
committed offenses outside Ukraine, shall
be criminally liable under this Code, unless
otherwise provided by the international treaties
of Ukraine, the consent to the binding effect
of which has been granted by the Verkhovna
Rada of Ukraine.
2. Where the persons referred to in the first
paragraph of this Article underwent criminal
punishment for the committed criminal offenses
outside Ukraine, they shall not be criminally
liable for these criminal offenses in Ukraine.
Article 8. The operation of the law on criminal
liability in regard to offenses committed
by foreign nationals or stateless persons
outside Ukraine
Foreign nationals or stateless persons not
residing permanently in Ukraine, who have
committed criminal offenses outside Ukraine,
shall be criminally liable in Ukraine under
this Code in such cases as provided for by
the international treaties, or if they have
committed any of the special grave offenses
against rights and freedoms of Ukrainian citizens
or Ukraine as prescribed by this Code.
Article 9. Legal consequences of conviction
outside Ukraine
1. A judgment passed by a foreign court may
be taken into account where a citizen of Ukraine,
a foreign national, or a stateless person
have been convicted of a criminal offense
committed outside Ukraine and have committed
another criminal offense on the territory
of Ukraine.
2. Pursuant to the first paragraph of this
Article, the repetition of criminal offenses,
or a sentence not served, or any other legal
consequences of a judgment passed by a foreign
court shall be taken into account in the classification
of any new criminal offense, determination
of punishment, in the discharge from criminal
liability or punishment.
Article 10. Extradition of a person accused
of a criminal offense and a person convicted
of a criminal offense
1. Citizens of Ukraine and stateless persons
permanently residing in Ukraine, who have
committed criminal offenses outside Ukraine,
shall not be extradited to a foreign state
for criminal prosecution and committal for
trial.
2. Foreign nationals, who have committed criminal
offenses on the territory of Ukraine and were
convicted of these offenses under this Code,
may be transferred to serve their sentences
for the committed offenses in the state, whose
nationals they are, where such transfer is
provided for by the international treaties
of Ukraine.
3. Foreign nationals or stateless persons
not residing permanently in Ukraine, who have
committed crimes outside Ukraine and stay
on the territory of Ukraine, may be extradited
to a foreign state for criminal prosecution
and committal for trial, or transferred to
serve their sentence, where such extradition
or transfer is provided for by the international
treaties of Ukraine.
