Article 50. The definition of punishment
and its purpose
1. The punishment is a coercive measure imposed
in a judgment of court on behalf of the State
upon a person found guilty of a criminal offense
and consists in restraint of the sentenced
person's rights and freedoms secured by law.
2. The punishment is aimed not only at penalizing
but also reformation of sentenced persons
and prevention of further offenses by both
the sentenced and other persons.
3. The punishment is not meant to cause physical
sufferings or humiliate human dignity.
Article 51. Types of punishment
1. The following types of punishment may be
imposed by a court on persons convicted of
criminal offenses:
(1) fine;
(2) revocation of a military or special title,
rank, grade or qualification class;
(3) deprivation of the right to occupy certain
positions or engage in certain activities;
(4) community service
(5) correctional labor;
(6) service restrictions for military servants;
(7) forfeiture of property;
(8) arrest;
(9) restraint of liberty;
(10) custody of military servants in a penal
battalion;
(11) imprisonment for a determinate term;
(12) life imprisonment.
Article 52. Primary and additional punishments
1. Primary punishments are community service,
correctional labor, service restrictions for
military servants, arrest, restraint of liberty,
custody of military servants in a penal battalion,
imprisonment for a determinate term, and life
imprisonment.
2. Additional punishments are revocation of
a military or special title, rank, grade or
qualification class, and forfeiture of property.
3. Fine, revocation of the right to occupy
certain positions or engage in certain activities
may be imposed as either primary or additional
punishments.
4. Only one primary punishment, as defined
in a sanction of an article in the Special
Part of this Code, may be imposed for one
criminal offense. The primary punishment may
be accompanied by one or several additional
punishments in cases and manner prescribed
by this Code.
5. Evading the punishment imposed in a judgment
of court entails liability pursuant to Articles
389 and 390 of this Code.
Article 53. Fine
1. The fine is a pecuniary penalty imposed
by a court in cases and within limits provided
for in the Special Part of this Code.
2. The amount of a fine shall be determined
by a court depending on the gravity of the
offense committed and the property status
of the guilty person but within the limits
of four to one thousand tax-free minimum individual
income, unless a larger amount of a fine is
prescribed by articles of the Special Part
of this Code.
3. A fine shall be imposed as an additional
punishment only if it is specifically sanctioned
by an article in the Special Part of this
Code.
4. Where a fine cannot be paid, a court may
replace the outstanding amount of a fine by
community service calculated as ten hours
of community service for each tax-free minimum
individual income established by law, or by
correctional labor calculated as one month
of correctional labor for four tax-free minimum
incomes established by law, but for a period
not exceeding two years.
Article 54. Revocation of a military or
special title, rank, grade or qualification
class
A person, who has a military or special title,
rank, grade or qualification class and was
convicted of a grave or special grave offense,
may be subject to revocation of his/her military
or special title, rank, grade or qualification
class by a judgment of court.
Article 55. Deprivation of the right to
occupy certain positions or engage in certain
activities
1. Deprivation of the right to occupy certain
positions or engage in certain activities
may be imposed as primary punishment for a
term of two to five years or as additional
punishment for a term of one to three years.
2. Deprivation of the right to occupy certain
positions or engage in certain activities
as additional punishment may also be imposed
without reference to a sanction of an article
in the Special Part of this Code, if a court,
having regard to the nature of the offense
committed by a person in office or in connection
with a certain activity, the character of
the person convicted, and other circumstances
of the case, decides that such person should
be deprived of the right to occupy certain
positions or engage in certain activities.
3. Where deprivation of the right to occupy
certain positions or engage in certain activities
is imposed as additional punishment together
with the arrest, restraint of liberty, custody
of military servants in a penal battalion,
or imprisonment for a determinate term, it
shall extend through all the term of the primary
punishment, and also for a term specified
in a judgment of court that came into effect.
For this purpose, the term of additional punishment
is calculated from the moment of completion
of the primary punishment; and - for the purpose
of punishment imposed in the form of deprivation
of the right to occupy certain positions or
engage in certain activities as additional
to other primary punishments, and also for
the purpose of Article 77 of this Code - is
calculated from the moment that the judgment
comes into effect.
Article 56. Community service
1. Community service consists in performance,
by a convicted person during hours free from
work or studies, of unpaid work valuable to
the community, as determined by the local
government authorities.
2. The term of community service imposed may
be from 60 to 240 hours and its duration in
any single day may not be longer than 4 hours.
4. Community service may not be imposed upon
persons who have been certified to have a
first or a second degree disability, pregnant
women, persons of retirement age, and military
servants in active service.
Article 57. Correctional labor
1. The punishment of correctional labor shall
be imposed for a term of six months to two
years and is to be served by the convicted
person at the place of his/her employment.
A certain amount of money shall be deducted
from the convicted person's salary in favor
of the State, ranging from 10 to 20 percent
as determined in the judgment of court.
2. Correctional labor shall not be imposed
upon pregnant women, women on maternity leave,
disabled persons, persons under 16 years of
age, persons of retirement age, military servants,
law enforcement officers, notaries, judges,
prosecutors, defense attorneys, civil servants,
and local government officials.
3. A court may substitute correctional labor
by a fine calculated as three tax-free minimum
incomes, established by the law, for one month
of correctional labor, for those persons who
became disabled after their sentence was awarded
by a court.
Article 58. Service restrictions for military
servants
1. The punishment of service restriction shall
be imposed on convicted military servants,
other than those in active service, for a
term of six months to two years in cases provided
for in this Code, and also if a court, having
regard to the circumstances of the case and
the character of the person convicted, finds
it possible to substitute the restriction
of liberty or imprisonment for a term not
exceeding two years by a service restriction
for the same term.
2. A certain amount of money shall be deducted
from the military pay of the person sentenced
to a service restriction in favor of the State,
ranging from 10 to 20 percent as determined
in the judgment of court. While serving this
sentence, the person sentenced may not be
promoted in office or military rank, and the
term of sentence is not to be included in
the time-in-service for the purposes of regular
promotion in military rank.
Article 59. Forfeiture of property
1. The punishment of forfeiture consists in
forceful seizure of all, or a part of, property
of a convicted person without compensation
in favor of the State. Where a part of property
is to be forfeited, a court shall specify
which part is to be forfeited or name the
things to be forfeited.
2. Forfeiture of property shall be imposed
for grave and special grave offenses and shall
only be applied in cases specifically provided
for in the Special Part of this Code.
3. The list of property exempt from forfeiture
shall be determined by the law of Ukraine.
Article 60. Arrest
1. The punishment of arrest consists in holding
a convicted person in custody and shall be
imposed for a term of one to six months.
2. A military servant shall be put under arrest
in a guardhouse.
3. Arrest shall not be imposed on persons
under 16 years of age, pregnant women and
women having children under 8 years of age.
Article 61. Restraint of liberty
1. The punishment of restraint of liberty
consists in holding a person in an open penitentiary
institution without isolation from the society
but under supervision and with compulsory
engagement of the convicted person in work.
2. Restraint of liberty shall be imposed for
a term of one to five years.
3. Restraint of liberty shall not be imposed
on minors, pregnant women and women having
children under 14 years of age, persons of
retirement age, military servants in active
service, and persons with the first or second
degree disability.
Article 62. Custody of military servants
in a penal battalion
1. The punishment of custody in a penal battalion
shall be imposed on military servants in active
service for a term of six months to two years
in cases provided for in this Code, and also
where a court, having regard to the circumstances
of the crime and the character of the convicted
person, finds it possible to substitute an
imprisonment for a term not exceeding two
years by a custody in a penal battalion for
the same term.
2. Custody of military servants in a penal
battalion shall not be applied to substitute
imprisonment for the persons who previously
served a sentence of imprisonment.
Article 63. Imprisonment for a determinate
term
1. The punishment of imprisonment consists
in confinement of a convicted person and placing
him or her in a penitentiary institution for
a determinate period of time.
2. Imprisonment shall be imposed for a term
of one to fifteen years.
Article 64. Life imprisonment
1. The punishment of life imprisonment is
imposed for special grave offenses and shall
apply only in cases specifically provided
for by this Code, where a court does not find
it possible to impose imprisonment for a determinate
term.
2. Life imprisonment shall not be imposed
on persons who committed offenses under 18
years of age and to persons over 65 years
of age, and women who were pregnant at the
time of offense or at the time of sentencing.
