Позбавлення державної нагороди України у системі покарань

The article analyzes the deprivation of a state award of Ukraine as a new type of punishment in the penal system. The author clarifies the criminal law nature of this type of punishment using the techniques of systematic interpretation of the text of the criminal law of Ukraine, i.e., by identifying internal and external links of the criminal law provision provided for in Article 54-1 of the Criminal Code of Ukraine with other provisions, including provisions of other sectoral legislation. It is determined that it is advisable to draw a parallel between the imposition of punishment in the form of deprivation of a state award of Ukraine and deprivation of a military, special rank, rank or qualification class. The text of the Law of Ukraine “On Amendments to the Criminal Code of Ukraine, the Criminal Procedure Code of Ukraine and Other Legislative Acts of Ukraine on Deprivation of State Awards for Popularization or Propaganda of the Aggressor State or Committing Other Unlawful Acts against Ukraine” of November 20, 2024, No. 4074-IX is subjected to a detailed analysis. This determines the temporal effect of Art. 54-1, as well as the amendments made, in particular, to Articles 51, 52 and 77 of the Criminal Code of Ukraine. The legislative instruction on the possibility of imposing deprivation of a state award of Ukraine for committing a grave or especially grave crime without specifying the targeting of the offense against a particular object is ambiguous. In view of this, it is proposed that the decision to impose a penalty in these cases should be duly motivated by the court. The special subjective composition of this punishment is emphasized. The court may deprive the convicted person of a state award of Ukraine, the legal status of which is determined by the Law of Ukraine “On State Awards of Ukraine”. The scope of this type of punishment does not cover the awarding of departmental awards, etc. A convicted person who is deprived of a state award of Ukraine is permanently deprived of the benefits and advantages established by special laws. In this regard, family members of such a person are also deprived of such benefits. The textual designation of the name of the punishment allows us to conclude that a person may be deprived of only one state award for committing one criminal offense.