Performance of punishment in accordance with the provisions of the General part of the Criminal code of Ukraine

The article is devoted to the analysis of sentencing in accordance with the provisions of the General Part of the Criminal Code of Ukraine. Based on the analysis of the Criminal Code of Ukraine and the positions of scientists, it can be concluded that the court in sentencing should take into account the following provisions of the General Part of the Criminal Code of Ukraine: the provisions of the Criminal Code of Ukraine (Article 1 of the Criminal Code). The importance of taking this norm into account when sentencing lies in the fact that the court must always first of all proceed from the tasks set before the criminal law; norms that stipulate that the illegality of the act, as well as its punishment and other criminal consequences are determined only by the Criminal Code of Ukraine, and also prohibits the application of the law on criminal liability by analogy (parts 3 and 4 of Article 3 of the Criminal Code). These provisions reflect certain aspects of the principle of legality in sentencing; norms that determine the validity of the criminal law in time (Articles 4, 5 of the Criminal Code of Ukraine); legal consequences of convicting a person outside Ukraine (Article 9 of the Criminal Code of Ukraine); taking into account the recognition of a person as limited by the conviction when sentencing (Part 2 of Article 20 of the Criminal Code of Ukraine); features of sentencing a person who has committed certain types of criminal offenses (Part 3 of Article 43 of the Criminal Code of Ukraine) in the performance of a special task to prevent or detect criminal activity of an organized group or criminal organization; introduced the imposition of a sentence on a person who has committed a particularly serious criminal offense, for which according to the law may be sentenced to life imprisonment, if the person is subject to release due to the expiration of the statute of limitations, but the court ruled not to apply the statute of limitations (Part 4 of Article 49 of the Criminal Code of Ukraine); all articles of section X "Punishment and its types". This section defines the concepts and purpose of punishment, types of punishment, as well as the characteristics of each of them; all articles of Section XI "Sentencing". This section defines the general and special principles of sentencing; a rule stipulating what types of additional punishments may be imposed upon release from serving the main sentence with probation (Article 77 of the Criminal Code of Ukraine); rules for sentencing persons released from probation on the basis of Art. 78 of the Criminal Code of Ukraine, in case they commit a new criminal offense during the probationary period (Part 3 of Article 78 of the Criminal Code of Ukraine); rules for sentencing women released from serving a sentence under Art. 79 of the Criminal Code (Part 6 of Article 79 of the Criminal Code of Ukraine); rules of sentencing in case of commission of a new criminal offense by a person to whom parole was applied during the unserved part of the sentence (Part 4 of Article 81 of the Criminal Code of Ukraine); rules for sentencing, if a person, serving a milder punishment, commits a new criminal offense (Part 6 of Article 82 of the Criminal Code of Ukraine); rules of sentencing in the case when in the period of release from serving a sentence on the basis of Art. 83 of the Criminal Code of Ukraine, the convicted person committed a new criminal offense (Part 6 of Article 83 of the Criminal Code of Ukraine); provisions of Articles 97-104 of the Criminal Code of Ukraine, which determine the features of sentencing minors. In this case, the court in the sentence must refer to the above rules, if their application is necessary in the relevant proceedings.