- •9. Criminal punishment is the authoritative imposition of something negative or unpleasant on a person in response to behavior deemed wrong by an individual or group.
- •18. The notion and the types of legal conduct
- •19. The notion and the types of administrative penalty
- •47. A key principle of legal liability - the principle of legality, the essence of which is severe and strict adherence to legal regulations.
- •64. The forms of ownership of Ukraine.
- •65. Describe parties of the labour contract.
- •66. The form and the types of the state territorial system.
- •67. The contract of purchase-sale
- •70. The contract of lease.
- •71. The citizenship
- •72. Civil legal capacity and civil legal capability
- •74. The notion of legal rule
- •75. Describe the notion of the civil legal relations
- •76. The contract of donation
- •77. The notion, the grounds of origin and stopping obligation
- •78. The notion and types of civil contracts
- •79. Functions of law
- •80. The legal capability
- •81. The notion and the types of civil responsibility.
- •82. The requirement to the person, who wants to become a deputy.
- •83. The amnesty and the legislative pardon(legislative clemency).
- •84. The notion and the types of the time for rest in labour law.
- •86. The notion and types of crime.
- •87. The basic fields of law of Ukraine.
72. Civil legal capacity and civil legal capability
Legal capacity of natural person arises when she/he is born. Legal capacity of natural person shall stop in the moment of his/her death. A natural person who is able to perceive and control his/her actions shall have a legal capability. Legal capability of a natural person is his/her capability to obtain civil rights and independently exercise them by own actions, as well as capability to create by own actions civil duties, perform them independently and bear responsibility in case of their non-fulfillment. The Law envisages:
partial legal capability of a natural person who is under fourteen years old;
incomplete legal capability of a natural person of age from fourteen to eighteen years;
full civil capability.
The right to carry out entrepreneurial activity shall have a natural person with full legal capability. A natural person who is unable to meet creditors’ demands which are connected with his/her entrepreneurial activity may be recognized bankrupt.
The Code envisages that guardianship is set over the minors who are deprived of parents’ care and over the natural persons who are recognized as incapable. Trusteeship is set over the minors who are deprived of parents’ care and over the natural persons whose legal capability is limited.
73. The necessary defence
Necessary defense in accordance with Art. 15 Criminal Code of Ukraine recognized the steps taken to protect the interests or rights of the person defending or protecting another person, the interests of society or the state of a socially dangerous attacks because of injury to him who offends, if such actions were caused by the need to immediately prevent or stop encroachment. Not a crime using weapons or any other media or objects, regardless of the consequences if it is done to protect against attacks armed person or group of persons attacked, preventing unlawful forcible entry into dwelling or other premises or if the person who protects, not could result fright or strong emotion caused by socially dangerous actions to assess compliance with the protection of the character attacks. Exceeding the limits of necessary defense, that task to those who restrict the damage that obviously does not meet the danger of attack or defense in the circumstances, entails responsibility only in cases specifically provided for by criminal law. The actions of the victim and others immediately after the commission of attacks aimed at the arrest of the person who committed the attack, and bringing it to the appropriate authorities as a legitimate equal to the necessary defense, if they were required to arrest and assault and danger meet the circumstances of detention of the offender. Based on the legal definition of necessary defense, the following conclusions: acts committed in a state of necessary defense, not a criminal, such acts - public utility; as a result of these actions to the person that posyahala may be injured; necessary defense - a subjective right of every citizen. However, the protection of public, public interest, a person of his rights - his moral duty; right of self defense, people can use only within the law. Causing damage to attackers for necessary defense must meet the requirements of legitimacy and eliminate dangerous and unlawful act.