Nikitina A. Terms in criminal law and their significance

The thesis is devoted to theoretical and practical problems arising in the application of the terms in the criminal law of Ukraine, analysis, disclosure of their essence and clarification of the place of terms in individual institutions and norms of criminal law; considered foreign experience; investigated the rules for calculating criminal terms. The concept of terms in criminal law is developed, their most significant criminal features, functions and value are defined. Based on the analysis made, suggestions were made to improve the existing criminal legislation and the practice of applying its norms. Terms in criminal law – period of time prescribed by law or established by the court, with which the law links the beginning, implementation and termination of legal relations. The terms play an important role in the criminal law, which may be exemplified as follows: 1) criminal-legal term is regarded to as the most significant instrument for the regulation and ordering of the criminal legal relations; 2) criminal-legal term establishes the clear time boundaries (beginning and termination) for the subsisting criminal-legal relations or sets the time frame (minimal and maximal term) for serving the sentence; 3) the criminal-legal term stimulates the parties within the criminal-legal relations; as well as facilitates the performance of the actions stated by the criminal law; 4) serves for the protection of the rights of the criminal-legal relation parties; 5) serves as a condition necessary for the implementation of the criminal-legal acts; 6) time of the crime committing, which in any case still constitutes a certain time period (term) shall be regarded to as: a) an indispensable characteristic of the objective element of crime if such a characteristic is included to the article of the criminal liability law; b) a qualifying characteristic of the objective element of crime ; 7) terms contribute to the personalisation of the criminal responsibility and individualising the sentence; 8) terms stated by the law provide a lawful termination of the individual’s criminal responsibility, and clearing of the criminal record, etc. The present thesis offers a list of the term characteristics typical of the institutions belonging to the General section of law: termination of the criminal responsibility, exemption from punishment and full waiver of penalty. In addition to this the analysis of the term within the framework of the Special section of the Ukrainian Criminal Code has been held.