Stadialne formy popełnienia czynu zabronionego w prawie karnym Ukrainy
Inchoate Offences in the Criminal Law of Ukraine

Summary/Abstract: The person who commits a forbidden act is not always capable of finishing it. The act can be stopped both by some objective circumstances and by the decision of the offence subject. Art. 13 of the Criminal Code of Ukraine distinguishes three stages of perpetration of an offence: 1) preparation of offence; 2) attempt to commit an offence; 3) commission of an offence. All these stages differ as far as the character of the act and the degree of fulfilling the perpetrator’s intent are concerned. The first two stages are types of inchoate offences. All the three stages need not be present in the perpetration of a given offence. An offence can be committed without the presence of the stages of preparation and/or attempt. When the Criminal Code of Ukraine was accepted in 2001 the institution of the stages of an offence was significantly modified: 1) for the first time the definition of a committed offence was introduced; 2) for the first time preparation of an offence and attempt to commit an offence were defined as types of not fully committed offence; 3) the law described the types of attempts to commit an offence; 4) the list of types of perpetration of an offence was extended; 5) special rules of punishment for inchoate offences were introduced. The special features of inchoate offences are constituted by the fact that there is no fulfilment of those elements of an offence which art described in the Special Part of the Criminal Code of Ukraine: there is no full execution of the objective side or the lack of socially dangerous consequences; seen from the subjective side preparation and attempt are characterised by the direct intent only.

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