Позбавлення державної нагороди України як вид покарання

The article presents the changes that took place on 20 November 2024 with the adoption 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 Promoting or Propagandising the Aggressor State or Committing Other Unlawful Acts against Ukraine’. The article examines the prerequisites for legislative consolidation of a new type of punishment - deprivation of a State award of Ukraine. Based on the Law of Ukraine ‘On State Awards’, the author defines the concept, types, peculiarities of awarding state awards, rights and obligations of the recipients, and liability for violation of legislation on state awards. The author examines that a court may, upon a guilty verdict, deprive a person who has been awarded a state award, convicted of a grave or especially grave crime, a criminal offence against the foundations of national security of Ukraine, against peace, security of humanity and international law and order, as well as a criminal offence under Articles 258-258-5, 260, 261 of the Criminal Code of Ukraine. The study notes that deprivation of a state award is recognised as a type of criminal punishment, belongs to additional punishments, is placed in the punishment system after the type of punishment, deprivation of a military, special rank, rank, rank or qualification class, and is added to the list of additional punishments that may be applied in case of release from serving a sentence on probation. This type of punishment is not provided for in any sanction of the article of the Special Part of the Criminal Code of Ukraine, but Article 54-1 of the Criminal Code of Ukraine provides a list of crimes for which the court may deprive a person of a state award of Ukraine upon a guilty verdict. The article describes the procedure for the execution of punishment in the form of deprivation of a state award, which is provided for in a separate Section 6-1 of the Criminal Executive Code of Ukraine. According to Part 2 of Art. 29-1 of the CEC of Ukraine, ‘the operative part of the guilty verdict on deprivation of the convicted person of the State award of Ukraine shall be promptly published in the official printed media in which the acts of the President of Ukraine are officially published, and shall also be posted on the official website of the President of Ukraine’.