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About Amnesty

Original Language Title: Про амністію

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C A C U A TO R S
About amnesty
(Information of the Verkhovna Rada of Ukraine (VR), 2003, N 36, pp. 283)

Guiding the principle of humanism and according to Article 92
Constitution of Ukraine 254k/96-PL ), provisions of the Criminal Code
Ukraine ( 2341-14 ) and the Law of Ukraine " On the application of amnesty in
Ukraine ". 392 /96-PL ) Verkhovna Rada of Ukraine
Oh, I am. :
Article 1. Free from punishment in prison sentence
certain lines and from other punishments unrelated to disrespect
Persons convicted of intentional crimes under which the law
There is no longer a punishment in the imprisonment of imprisonment.
five years, and for crimes committed from the reckless, for which
The law has a sentence of imprisonment for no one's imprisonment.
more than ten years:
(a) Persons who at the time of the offence were minors;
(b) Women and men who have minors or
Handicapped children;
(b) Pregnant women;
(g) Women over 50 years of age and men over 55
Years;
(g) Women and men who have parents over 70 years of age,
as well as parents of disabled first group who need
third-party care, provided that these parents have no other
Working children;
(d) War veterans;
(e) Disabled first, second and third groups, as well as those
on tuberculosis, oncological disease (second, third and third)
four clinical groups) and other severe diseases that
To prevent the punishment of punishment;
(a) Participants in liquidation of the Chernobyl disaster
The AES and the Lost of the Chernobyl disaster.
Article 2. Free from punishment in prison sentence
certain lines and from other punishments unrelated to disrespect
the will of persons listed in Article 1 of this Act convicted of
intentional crimes under which the law provides punishment in the statement
Imprisonment for no more than ten years, if per day
They were chosen at least half of them in this Act.
A valid line of main punishment.
Article 3. Free from punishment in prison sentence
certain lines and from other punishments unrelated to disrespect
of persons other than listed in Article 1 of this Act condemned
for intentional crimes under which the law provides punishment in the statement
Imprisonment for no more than five years, and for crimes,
The law is punishable by law.
the imprisonment of the sentence for no more than ten years, if they are
on the day of the Act, at least a third of the Act has been removed
A valid line of main punishment.
Article 4. Free from punishment in detention
Disciplinary battalion of military personnel:
(a) Persons convicted for the first time for the crimes of a small and medium
Severity
b) persons convicted for the first time for serious crimes if they are
The law of the Act was no less than half.
A valid line of main punishment.
Article 5. Halved half-failure portion of punishment
to the restriction of will and imprisonment for certain
rows that are not subject to release from punishment on grounds of
Articles 1 to 4 of this Act:
(a) The convicts who take punishment in the corrective labour force
Settler colonies for persons who committed crimes against indecency;
(b) The convicts who take punishment in the corrective labour force
Settlement colonies for persons who committed intentional crimes if
They haven't had any less on this Act for the day.
Half of the designated line of main punishment;
(b) The convicts who take the punishment in corrective centres,
and individuals who are sentenced to punishment in the visa limit if
They haven't had any less on this Act for the day.
A third of the intended main sentence;
(g) condemned for intentional crimes under which the law provided
The punishment of imprisonment for no more than five years,
And for crimes committed with the intenderness under which the law provides
The punishment of imprisonment for a period of no more than ten years.
Article 6. Free from criminal liability in
the order and conditions defined by this Act, persons who fall in
Under article 1 of this Act, criminal cases relating to
in the failure of the authorities, pre-trial, or
not considered by the courts, but as considered by the courts, but the prophets are not
have taken legitimate power, about crimes committed to the abuse of this
The law takes effect.
Article 7. Amnesty does not apply to individuals:
(a) punishable by life imprisonment
and in order to pardon the death penalty or for life imprisonment
The will is replaced by imprisonment for certain periods;
b) which have two and more criminal convictions (including the one for
what a person takes punishment) for committing serious crimes in the
The Criminal Code of Ukraine in 1960 ( 2001-05 , 2002-05 ) and for
Committing grievous and particularly serious intentional crimes
Criminal Code of Ukraine in 2001 ( 2341-14 );
In which he was convicted of the Criminal Code of Ukraine in 1960
( 2001-05 , 2002-05 ) for the study of the grave crime and the conviction
the Criminal Code of Ukraine in 2001 ( 2341-14 ) for the
serious and especially serious intentional crime, which took less than
half of the main sentence line;
(g) prior to which the conditional conviction was applied
The sentence of the sentence or the rebirth of the sentence
women and women who have children under the age of three (Article 45,
46-1, 46-2 of the Criminal Code of Ukraine in 1960
( 2001-05 , 2002-05 ) and to whom the liberation was applied
(Article 75, 79, 104)
Criminal Code of Ukraine in 2001 ( 2341-14 ) and which during
The deadline string or the reentry of the performance has been committed again
New intentional crime;
(g) which after the verdict, but to complete
The punishment committed a new intentional crime;
(d) Who had previously been released from prison
Conditioned and again committed to an intentional crime during
The unreconstructed part of the punishment;
(e) which have minors or children with disabilities and
committing crimes committed to life, health, honor, dignity, and
or other protected law and the interests of these children;
(es)) which have parents over 70 years of age, as well as parents
The disabled of the first group and committed crimes committed to life,
health, honor, dignity or other protected law and law
the interests of these parents;
(c) To which amnesty was applied during 1993-2003
or pardon regardless of the removal or repayment of the conviction and which
He was again committed to a deliberate crime;
(c) who committed crimes that caused the deaths of two and more
Persons;
(a) To persons convicted of particularly serious crimes;
(i) Who violate the regime in a period of punishment;
(i) who are prosecuted or
Convicted of crimes against the foundations of national security of Ukraine
(articles 109-114; articles 56-60, 62, 63 of the Criminal Code)
Ukraine (continued), QC (1960). 2001-05 , 2002-05 ); intentional
Murder (Article 115; Articles 93, 94 of the Criminal Code of Ukraine, 1960);
Severe bodily injury in circumcised circumstances (Article 121
Part 2; Article 101 of Part 2 and 3 of the Criminal Code of Ukraine, 1960;
The kidnapping of a child (Article 146 Part 2; Article 124 of the CC)
Ukraine, 1960); hostage capture (Article 147; Article 123-1)
The Criminal Code of Ukraine, 1960); Trafficking in Persons (Article 149; Article 124-1)
(...) (...)
152 parts 3 and 4; Article 117 of Part 3 and 4 of the Criminal Code of Ukraine, 1960;
Robbery in circumcised circumstances (Article 186, Part 3, 4 and 5;
Article 141 of Part 2, 3 and 4 of the Criminal Code of Ukraine, 1960);
187; Articles 86, 142 CC of Ukraine, 1960); embezzlement of state
or collective property in particularly large sizes (Article 86-1)
Ukraine, 1960); extortion of circumstance (Article 189)
Parts 2, 3 and 4; 86-2 Part 2 and 3; Article 144 Part 2
and 3 CC of Ukraine, 1960); appropriation, discharge of property or
enforcing him by abuse of office at
Circumcised circumstances (Article 191 of Part 4 and 5; Article 84 part
4 KK of Ukraine, 1960); fabrication, storage, acquisition,
transport, transfer, import to Ukraine for the purpose of arousal or
the excitement of fake money, government securities or bigots
State lottery (Article 199; Article 79 of the Criminal Code of Ukraine, 1960);
Smuggling of circumcised circumstances (Article 201 Part 2;
70 part 2 of the Criminal Code of Ukraine, 1960); counteraction
activities under the circumstance (Article 206)
part 2 and 3); banditry (Article 257; Article 69 of the CC of Ukraine,
1960); terrorist act (Article 258); kidnapping,
appropriation, extortion of firearms, combat supplies,
explosives or radioactive material or possessing them
by fraud or abuse by the service position (article
262; Article 223 of the Criminal Code of Ukraine, 1960); theft or seizure
Railway rolling stock, air, sea or river
Vessel (Article 278; Article 217-2 of the Criminal Code of Ukraine, 1960);
Transport communications under circumcised circumstances (Article 279)
Part 3; Article 217-3 of the Criminal Code of Ukraine in 1960);
Possession of a vehicle under tractor circumstances (Article 8)
289 Parts 2 and 3; Article 215-3 of Part 2 and 3 of the Criminal Code of Ukraine, 1960
(p); drug smuggling, psychotropic substances;
analogues or precursors (Article 305; Article 70-1 of the Criminal Code of Ukraine,
1960); illegal production, fabrication, acquisitions,
storage, transportation, transfer or marketing of narcotics,
psychotropic substances or their counterparts (Article 307; Article 229-1)
Ukraine, 1960); abduction, appropriation, drug extortion
substances, psychotropic substances or their counterparts or endowments.
by fraud or abuse by the service position (article
308; 229-2 CC of Ukraine, 1960); abduction, appropriation,
extortion of precursors or enforcing them by fraud or
Abuse of Service (Article 312; Article 229-19 of the Criminal Code)
(...) (...) (...)
of a law enforcement agency (Article 345)
Part 2); enforced or not performing
Civil-legal obligations under circumstance (Article
355 Part 3; Article 198-2 of the Criminal Code of Ukraine in 1960;
threats or violence against a judge, the people who sits or
Jury trial (Article 377 of Part 2);
Injury to the Judge or the Right
of a law enforcement agency (Article 189-4)
Part 2 of the Criminal Code of Ukraine, 1960);
law enforcement, a member of public conservation
public order and public border or military
(Article 348; Article 190-1 CC of Ukraine, 1960); capture
a representative of power or a law enforcement employee as
hostage (Article 349); abuse of power or service
under circumstance (Article 364 of Part 2 and 3;
165 Part 2 of the Criminal Code of Ukraine, 1960); Exposition of power or
Office of the United States of America (Article 365)
Part 2 and 3; Article 166 of Part 2 and 3 of the Criminal Code of Ukraine, 1960);
the recipient of a bribe in circumcision circumstances (Article 368 of Part 2 and
3; Article 168 of Part 2 and 3 of the Criminal Code of Ukraine, 1960);
life of a judge, a people ' s member or jury in connection with their
Activities related to the implementation of justice (Article 379;
Article 190-1 of the Criminal Code of Ukraine, 1960); actions to be disorganized
Correctional institutions (Article 392; Article 69-1 of the Criminal Code of Ukraine, 1960);
escape from the place of imprisonment or from custody (Article 393; Article 393)
183 CC of Ukraine, 1960), and for crimes foreseen in the
Parts 2 and 4 of Article 404 (paragraphs "b" and "in" Article 234 CB)
Ukraine, 1960); Part 2 of Article 405 (paragraph "a" of Article 236
Kiev, 1960); Part 3 of Article 406 (paragraph "in article")
238 CC of Ukraine, 1960); Part 2 of Article 408 (paragraph "in"
Articles 241 of the Criminal Code of Ukraine, 1960); Part 3 of Article 420 (paragraph
Article 251 of the Criminal Code of Ukraine, 1960); Part 3 of Article 423
(paragraph "in" Article 254 of the CC of Ukraine, 1960); parts 2 and 3
Article 424 (items "b" and "in" Article 254-2 of the Criminal Code of Ukraine, 1960);
Part 2 of Article 426 (paragraph "b" of Article 254-3 of the Criminal Code of Ukraine,
1960); article 447 (article 63-1 of the Criminal Code of Ukraine, 1960).
Article 8. This Act applies to individuals convicted by courts.
Ukraine, as well as the courts of the former USSR in the territory of Ukraine,
regardless of the place of serving these persons of punishment.
Article 9. This Act rests with the courts.
The question of the amnesty of the court decides on its own
an initiative, according to the prosecutor ' s initiative, the authorities of the knowledge and
The pre-trial investigation, body or institution of execution of punishment
also by the initiative of the accused, the defendant or convicted, of their
The defenders or the legitimate representatives.
The application of this Act is as follows:
persons, criminal cases and crimes
In the process of the organs of the knowledge and of the pre-trial investigation,
-for the publication of these bodies agreed with the prosecutor or by the statement
The person itself, its protector or the legal representative;
persons, whose performance is in order,
By law, conditionally convicted, freed from
Serving the sentence with the test and which the
Punishment not related to imprisonment,-by the representation of an organ
execute punishment, agreed with the body of the interior, which
Supervise the behavior of the convicted or the statement itself
persons, its protector or the legal representative;
convicts who are in place of incarceration or
have been punished in the way of arrest, limit of will or to hold
Disciplinary battalion of military personnel
of the Chief of the Criminal and Executive
a suitable observation commission or service in cases
Juvenile, Command of Disciplinary Battalion, Military
parts, the chief of the garrison, the Military
service of law in the Armed Forces of Ukraine or by the statement itself
A convicted man, his protector or a legitimate representative. Before
added help of the promotion and lesion, the special case
The convicted and other documents needed to address the
The use of amnesty.
Question of the application of amnesty on persons convicted
Courts of Ukraine and which take place in the territory of another
the State, decides the court decision.
During the trial of cases of amnesty
The involvement of the prosecutor in the trial is mandatory.
If there is an amnesty on the right to the right
minors, participation by her legal representative in the judicial system
The meeting is mandatory.
In the case of properly established jurisdiction in the
The meeting is involved in the
Article 10. An amnesty application is not allowed if
The accused, the defendant or the convicted person denies it.
The person to question about the application
Amnesty, his consent to the court in oral or written form from the United States.
the duty of this is in the protocol of the trial.
Article 11. Solution or Unapply Solution
Amnesty is taken by the court on each person individually on the
Based on a thorough inspection of the materials of the case and
Information on the subject of death sentences.
Such a person is called into a judicial meeting and can give
Explain.
In the absence of necessary information about the person before
applied amnesty, considering the application of amnesty
They have to wait until they are received.
Courts, as well as bodies and institutions that rely on
preparation of materials for addressing issues related to
the application of this Act, granted the right to request
The relevant institutions are needed. Such requirements should be
I'm sorry
Article 12. Persons to be cut short
penalty, the definition of a new line of punishment is calculated from the day
This Act is in effect. About End Date
the punishment of convicted confessing from the day of the day
The publication of this Act.
Article 13. The action of this Act applies to individuals who have committed
Crimes before the day of entry into force.
Article 1 of this Act shall fall:
Minors who were not at the time of the crime 18
Years;
not deprived of parental rights by men and women who have
Children who were not 18 years old on the day of the Act
In force, or disabled children, regardless of their age;
Pregnant women on the day of the woman's dress;
men and women who are on their own day
have reached the 545-year and 50-year-old age;
men and women who have one or both parents if
parents reached a 70-year-old on the day recruited by this Act
Effect;
men and women who have one or both parents
recognized by the disabled of the first group to the day of this Act
Effect;
War veterans-members of combat, handicapped war and
participants of the war that fall under the Law of Ukraine " On the Status of
veterans of war, the guarantee of their social protection " ( 3551-12 );
persons in the order identified by the disabled
First, second or third groups to be recruited by this Act;
Persons who shall be brought into force or in the period of
execute in accordance with the decision of the medical commission recognized by the sick
on tuberculosis, oncological disease (second, third and fourth).
clinical groups) and another burden of disease impacting.
the punishment and fall under the definition of the Translax of diseases that are
The basis for submission in the courts of materials on the release of the sentenced
of the continued punishment imposed by the order
State Department of Ukraine on the execution of punishment and
Ministry of Health of Ukraine N 3/6 of 18 January 2000
( z0155-00 ).
To the participants of the Chernobyl disaster
AEU and Chernobyl disaster disaster
which fall under the Law of Ukraine " On status and social
protection of citizens affected by Chernobyl disaster
disaster " ( 796-12 ) and similar laws of other states --
Republic of the former USSR.
Under "a", "b", "in" Article 5 of this Act
Persons who have been subjected to punishment of punishment
Corrective labor colonies for people who committed
Crimes committed in punishment for the punishment of
Corrections to persons for persons who committed intentional crimes,
or corrective centers, and which are sentenced to punishment in the statement
Restriction of the will to the Act of Law.
Article 14. When applying amnesty to individuals, what lines
The punishment was reduced in order of pardon or amnesty, should be
go out of the line of punishment set according to these
Acts.
Article 15. Persons who according to this Act are exempt.
fully of punishment, exempt from both the primary and from
Extra penalties. All other convicts who fall under action
of this Act, from the additional measures of punishment are not exempt.
Amnesty does not release the duty to retake the country.
A crime of harm put on a guilty person by a person or a decision
Court.
Article 16. Cabinet of Ministers of Ukraine, Council of Ministers
Autonomous Republic of Crimea, regional, Kiev and China
Sewastopolska city, district, district in the cities of Kiev and
Sevastopol to state administrations,
The townships, the town's district, are pleased to provide:
(a) The organization of timely accounts of persons freed from the seats
Deprivation of liberty on the basis of this Act, facilitating the labour
To establish and supervise the behaviour of these persons;
(b) (b)
this Act of underage, or the transfer of their parents,
Custody and Care, Care of the necessary cases before the
Children's care institutions; taking necessary measures,
To be directed at the highest level of the work,
Preventing the committing of repeated crimes;
(c) Notice of social security institutions
freed disabled and inoperable persons of the elderly who are not
They have relatives who could take them to their detention.
Article 17. This Act takes effect from the day of its
You can publish it and run it for three months.

President of Ukraine
Um ... Kiev, 11 July 2003
N 1131-IV