86. The notion and types of crime.

Crime is the breach of rules or laws for which some governing authority (via mechanisms such as legal systems) can ultimately prescribe a conviction. Crimes may also result in cautions or be unenforced. Individual human societies may each define crime and crimes differently, in different localities (state, local, international), at different time stages of the so-called "crime", from planning, disclosure, supposedly intended, supposedly prepared, incomplete, complete or future proclaimed after the "crime".

Depending on the severity of the crimes are divided into:

-minor; -moderate; -severe; -particularly serious;

Sex Crimes .A crime that involves a deviant sex act, forced intercourse or the exchange of sexual activity for money may be considered a sex crime. These are often particularly serious due to their sensitive nature and the harsh penalties that may be imposed if a defendant is convicted, including lifetime registration as a sex offender. Some sex crimes include: rape, sexual abuse, sexual battery and prostitution.

Drug Crimes .Certain substances are controlled by the government, including narcotics and prescription drugs. A defendant may therefore face criminal charges for the unlawful possession, sale / distribution, trafficking, manufacturing or cultivation of such substances as heroin, marijuana, cocaine, ecstasy, methamphetamines, or prescription drugs.

Violent Crimes . When a person is accused of committing a crime against another person, causing or attempting to cause them bodily harm, this may be considered a violent crime. Some specific types of violent crimes include: murder, manslaughter, assault, battery and domestic violence.

White Collar Crimes .Crimes that involve financial transactions, politicians and businessmen and women may be considered white collar crimes. These are typically non-violent theft crimes, such as fraud, embezzlement and tax evasion.

Theft Crimes .Unlawfully taking another's property, whether by force, deception or by clandestine means, may be considered a theft crime. The penalties for these will vary depending on the manner in which the alleged offense was committed, as well as the amount of property involved. Some examples of theft crimes include: grand theft auto, burglary and robbery.

Federal Crimes .Certain acts are prohibited by federal law. These and crimes committed against the federal government or on federal property may be considered federal crimes. Some examples include: bank fraud, wire fraud, mail fraud and kidnapping. Because federal agencies and prosecutors typically have more resources than those on a local or state level, and due to the extremely harsh penalties that may be imposed for these offenses, it is important to work with a lawyer who can handle cases in federal court.

87. The basic fields of law of Ukraine.

Civil law.Civil law regulates the everyday life of citizens and other legal entities, such as corporations. The main code of Ukrainian civil law is the Civil Code of Ukraine. It comprises provisions governing ownership, intellectual property rights, contracts, torts, obligations, inheritance law, and the definition of legal entities. The code introduces new types of business contracts into the legal practice, including factoring, franchising, rent service, and inherited contracts. Civil litigation is governed by the Civil Procedural Code of Ukraine.

Criminal law.Criminal law deals with the prosecution and punishment of criminal offenses. The Criminal Code of Ukraine contains the written criminal laws of Ukraine. There is no capital punishment in Ukraine. The maximum criminal punishment is life imprisonment, which can be reduced by decree of the President of Ukraine to 25 years of imprisonment, but only after 20 years of sentence service. The Parliament of Ukraine has the power of amnesty for prisoners not serving life sentences.[citation needed] Criminal proceedings, investigation, and court examination in criminal trials are regulated by The Criminal Procedural Code of Ukraine, which has not changed since 1962 when Ukraine was a republic of the Soviet Union.

Constitutional law.Constitutional law frames the constitution and the structure of Ukraine. It regulates the powers of democratic institutions, the organization of elections and the division of power between central and local government. See also the article on the Constitution of Ukraine. Only the Constitutional Court of Ukraine is allowed to determine the constitutionality of laws created by the legislature.

Administrative law.Administrative law is the area of law that regulates the operation of the various levels of Ukrainian Government, including the process for people and legal entities to appeal decisions by the government. This code is referred to as the Administrative Code of Ukraine.

International law.International law, also referred to as the Law of Nations, involves the application of international laws in Ukraine. International agreements, ratified by the Parliament of Ukraine, are a part of Ukrainian legislation. The Constitution of Ukraine allows the direct application of most international laws in Ukrainian courts. If an international agreement of Ukraine prescribes rules other than those set by the Law of Ukraine, the rules of that international agreement shall apply. Laws regulating jurisdiction with an international aspect, such as because parties come from different countries, are not part of international law, but form a specific branch of civil law.

Commercial law.The Commercial Code of Ukraine describes the details for compliance with the Constitution of Ukraine's clauses for commercial activity. The Code regulates the fundamentals of commercial activity, including business entities, property basis, responsibility for violations, peculiarities of legal regulation, and foreign commerce.

88. The grounds of deprivation of paternal rights.

Thus, the parents can be deprived of parental rights if they:

-Avoid assuming the parental responsibilities, as well as the alimony payment.

-Refuses to take the child from the maternity hospital or from another curative, educational, social assistance institution or a similar one.

-Abuse of parental rights

-Maltreat the child, using the physical and mental violation that attempts on the sexual inviolability of the child.

-They have a bad influence on the child, by immoral conduct

-They suffer from chronic alcoholism, drug addiction.

-They committed an intended crime against the life and the health of the children or of the husband.

-In other cases, as required in the child’s interests.

89. The contents of legal relations.

Contents legal relations - it provides a set of rules of law subjective rights and legal responsibilities of legal entities.

There are legal and factual content of the relationship.

Legal content relationships - is provided for by law is a real possibility of legal entities of subjective rights and legal responsibilities.

The actual content of the relationship - is the actual behavior of legal subjects, which are implemented within their subjective rights and legal responsibilities.

90. The functions of the state.

Functions of the state reflect the dynamic aspect of its performance. Beneath them understand the main activities of the state to address the challenges facing them in a particular historical juncture. In the nature of the functions reveals the social nature of the state.

To classify the functions of the state use a variety of reasons.

1. Internal and external functions. Thus, the most common is their division on the subject or the nature of those social spheres in which they appear. From this point of view, they should be divided into internal and external. The active integration processes in the contemporary world are responsible for the frequent blurring of boundaries between internal and external functions of the state.

Internal its functions can be divided into:

-political. The political function of government is to protect the existing social and political system. How they do it depends on the level of development of society, its degree of democracy. Therefore, depending on the specific situation, there may be used and methods of direct violence, and government activities in the framework of the law;

- economic. Economic function is designed to provide conditions for the functioning of this mode of production – due to the protection of ownership, creating favorable conditions for economic development, etc. In today’s economic function is to some extent and foreign, since the market economy – an international category;

- ideological. The ideological function is designed to ideologically justify the present social and political system, government policy, etc. For this purpose, can be used doctrine of the church, the concept of national socialism, the welfare state, etc.;

social. Social function is intended to provide a minimum of social justice through redistribution of wealth in favor of socially disadvantaged groups (disabled, elderly, unemployed, etc.). State exercising this function has been called the welfare state;

-ecological. The ecological function of the state is aimed at combating pollution of the environment, which is a consequence of modern economic development of the industry. The severity of the problem evidenced by the fact that it ranked among the global problems of mankind.

External functions of the state are reduced to relations of economic, scientific-technical and cultural cooperation with other states, as well as protecting the country from foreign attack. Until a few decades ago in the structure of the external functions exploiting States included and wars of conquest. However, modern international law regards a war of aggression as a crime against humanity.

2. Basic and non-core functions. State functions can be divided as the major and minor. Such classification is based on the criteria of relevance of certain functions in the system of state functions, as well as the degree of “inclusiveness” of the state apparatus in their implementation. For example, the function of national defense involves the solution of problems not only of a defensive nature, but also related to the education and upbringing of youth, economic development, science, etc. In their decision involves many organs of the state. At the same time traffic regulates only the appropriate inspection of the structure of the Ministry of Internal Affairs.

3. Permanent and temporary features. Options are also divided into permanent and temporary. This division is rather conditional, since any function, like the state itself is historically volatile. The permanent is usually considered a function arising from the nature of the state. By the time functions are those which, having arisen, have ceased to operate for the foreseeable period of time. For example, in Soviet times as a function of time was considered the elimination of the exploiting classes, carried out by the Soviet state during the transitional period from capitalism to socialism. Today, as an example of such functions usually result in the function of disaster management of natural or man-made.

4. Options on the forms of their implementation. Finally, the state functions can be classified according to the forms of their implementation. From this point of view, they are divided into lawmaking, pravoispolnitelnuyu and law enforcement.